COMMISSIONER OF INCOME TAX ALLAHABAD Vs. AJAY SINGH

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution has been filed for quashing the Judgment and order dated 2.4.1998 passed in O.A. No. 1273 of 1973 by the Central Administrative Tribunal, Allahabad.

(2.) AJAI Singh, respondent No. 1 to the writ petition, was appointed as a casual IVth Class employee in the office of the Commissioner, Income Tax, Allahabad, on 7.9.1994, and his services were terminated on 4.11.1997. He challenged termination of his service by filing an Original Application. The Tribunal held that as the services of respondent No. 1 had been terminated on account of non -satisfactory work, it was incumbent upon the writ petitioner to hold a formal departmental enquiry and as the same was not done, the termination of his services was illegal.

(3.) IT may be stated at the very outset that before the Tribunal Ajai Singh neither filed copy of the appointment order nor the copy of the order by which his services were terminated. It was stated in Pagaraph 4(i) of the Original Application that Annexure -1 thereof is the copy of the notice given to him on 4.11.1997. In the said notice he has been described as a daily wager and it was mentioned therein that his services would stand terminated w.e.f., 4.11.1997. The order nowhere mentions that his services were being terminated on account of unsatisfactory work. The whole basis of the order passed by the Tribunal is that the services of respondent No. 1 had been terminated on account of unsatisfactory work and, consequently, it was obligatory upon the writ petitioner to hold a formal enquiry. The view taken by the Tribunal is, therefore, not borne out from the material on record and, there cannot be sustained.