VINAY KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The order dated 22.8.1997 passed by Deputy Cane Commissioner, Eastern Zone, Gorakhpur, terminating the services of the petitioner is under challenge in the writ petition on the grounds that it is arbitrary and violative of the principle of natural justice.

(2.) The petitioner was appointed by Cane Commissioner, U.P. as a Jeep Driver under his order dated 2.6.1977 and posted him to work in the office of Beej Utpadan Adhikari, Basti. After a few years of his services, service book was prepared, wherein, entries in respect with his work and conduct were made. In the year 1994 a State level gradation list of the drivers working in the Sugar Cane Department, was prepared. The petitioner was placed at Serial No. 33 in this gradation list. On the basis of the remarks made in the service book of the petitioner, he was allowed to cross efficiency bar on 2.7.1997. His salary was thereafter fixed on 1.1.1997 at Rs. 1175/- p.m. All of sudden without any reason or the cause, the Deputy Cane Commissioner. East Zone, Gorakhpur, the respondent No. 3 terminated his services in view of the U.P. Temporary Government Servant (Termination of Services) Rules, 1975 (hereinafter referred to as the Rules, 1975) on the pretext that his services are no more required.

(3.) The petition has not been contested by the respondents and no counter affidavit has been filed. Heard Sri A. P. Tripathi, holding brief of Sri S.S. Tripathi, learned Counsel appearing for the petitioner.