VISHWANATH PRASAD Vs. CHAIRMAN, KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) These four writ petitions arise out of order dated 23-3-1982 terminating the services of the petitioners. The copy of the order impugned is Annexure 3 to the writ petition. The petitioners appointment were made by the Mandi Samiti on temporary basis. It was specifically provided in the order that the appointment shall be wholly temporary and liable to be terminated with one month's notice or one month's salary in lieu of the notice.

(2.) The perusal of the order of termination passed in case of all the four petitioners show that the orders are innocuous and assign no stigma therein. It was, stated in the order that the petitioners services were no more required. They were paid one month's salary in lieu of the termination and were relieved from the services.

(3.) Learned counsel for the petitioners pointed out to a letter dated 19-3-1982 sent by the Addl. Director of Mandi Samiti informing the Secretary/the Chairman of the Krishi Utpadan Mandi Samiti, Ghazipur that the appointment of these four petitioners were made with irregularities. It was said that the services of such irregular employees be terminated. Learned counsel urged that the authority passing the order of termination of the services of the petitioners was guided with the letter dated 19-3-1982 and he simply complied it without applying his own mind. It was submitted that the order of termination amounts to punishment and the services could not be terminated without following due procedure of law. It was said that no opportunity was ever given to the petitioners before passing the impugned order. Thus, the order impugned is violative of Rule of Natural Justice as well as violates provisions of Art. 311(2) of the Constitution.