SWAMINATHAN M Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Both these writ petitions, though filed by different persons, arose under similar circumstances and the relief sought for also similar. Respondents are also same in both the writ petitions.

(2.) Both petitioners were appointed as temporary Dalayats and as per the impugned orders, their services are terminated. Order of termination is challenged in both these writ petitions on various grounds that it is violative of Article 311 (2) of Constitution of India; it is punitive in nature and termination order violates principles of natural justice order is discriminative in the sense that petitioners have been singled out while others similarly situated are retained in service; no departmental enquiry was conducted and the order violates some of the decisions of this Court.

(3.) Writ petitioner in W.P No.1380 of 1991 was appointed as per the order of District Judge, Dharmapuri at Krishnagiri as a temporary dalayat and was posted to act as dalayat in Sub-Court, Krishnagiri. Thereafter, he was transferred from Sub-Court, Krishnagiri, to District Court, Krishnagiri. While so, he was given a memo, dated September 28, 1989, asking for explanation for the alleged misconduct. A reply was submitted by petitioner. It was thereafter, impugned order was passed.