DHARAM PAL Vs. DISTRICT JUDGE HAMIRPUR

JUDGEMENT

(1.) The petitioner who was on approved list of selected candidates was appointed as Class IV employee In judgeship, Hamirpur district, Hamirpur by means of appointment letter dated 9.7.1997 (Annexure-2 to the writ petition). One of the terms of the appointment was that the appointment being temporary would be liable to be terminated at any time without any prior notice. Petitioner's services were terminated by an order dated 17.5.1997 which reads as under: "He is on probation. He is not sincere, terminated with immediate effect." Sd/. (M, S. Premi) 17.5.1997 District Judge, Hamirpur.

(2.) The order aforestated Is under challenge in the present writ petition. The contention of the petitioner is that the order, ex-facie, is based on misconduct and being stigmatic and thus punitive in nature cannot be sustained in the eyes of law as no enquiry was held nor the petitioner was afforded any opportunity of hearing.

(3.) Sri K.R. Sirohi, learned counsel appearing for the respondents, on the other hand, argued that as per terms of appointment, the services of the petitioner could be terminated at any time without any notice, he cannot claim any right on the post on which he was appointed on purely temporary basis ; the Central Nazir submitted his report dated 15.7.1997 that the petitioner was not sincere to his duties, hence, the impugned order has rightly been passed.