JAGDISH PRASAD TIWARI Vs. COMMISSIONER AGRA DIVISION

JUDGEMENT

(1.) This special appeal has been directed against the judgment and order dated 29.1.1998 of learned Single Judge by which Civil Misc. Writ Petition No. 2167 of 1974 filed by the appellant challenging the order of termination of service was dismissed. The order dated 7.1.2000 by which the review petition filed by the appellant was rejected has also been impugned in the present appeal.

(2.) Learned Counsel has contended that the services of the appellant were terminated by way of punishment and as no show cause notice or opportunity of hearing was given to him, the same was illegal having been passed in violation of provisions of Article 311(2) of the Constitution. In support of his submission be has placed reliance on Dipti Prakash Banerji v. Satendra Nath National Institute, 1999 (2) Supreme 34 and Radhey Shyam Gupta v. U.P. State Agra Corporation, 1999 (1) ESC 314 (SC): 1998 (9) Supreme 504.

(3.) The appellant Jagdish Prasad Tiwari was initially appointed on ad hoc basis for a period of three months, by the order dated 26.11.1991. This appointment came to an end on 26.2.92. Thereafter he was appointed as typist-cum-clerk on probation for a period of one year w.e.f. 1.4.1992. His services were terminated by the District Magistrate, Firozabad by the order dated 20.3.93 within the period of probation. He preferred an appeal before the Commissioner, Agra which was dismissed by the order dated 3.12.1993. The aforesaid orders were challenged in the writ petition. In the counter-affidavit it has been averred that the services of the appellant were terminated during the period of probation as his work and conduct was not found to be proper. On over all assessment of work of the appellant the District Magistrate took a decision to terminate his services. The allegation of the appellant that the Tehsildar, Jasrana bore a grudge against him or that his report regarding work and conduct of the appellant was biased due to mala fide reasons was wrong.