LALLAN PRASAD Vs. S D O

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, the petitioner has claimed a writ of certiorari to quash the order dated 26.02.1994 passed by the respondent no. 1. A further relief of mandamus has been claimed through amendment to direct the respondents to make payment of retiral benefits to the petitioner.

(3.) IT is contended by the learned counsel for the petitioner that after being confirmed in service vide order dated 01.03.1986 with effect from 15.06.1982, his services could not have been terminated without any notice or opportunity of hearing and the impugned order suffers from vice of principles of natural justice. It has further been submitted that the result of the examination held in 1981 was never communicated to the petitioner and there appears to be no justification to terminate his service on the said ground after 13 years. Learned counsel for the petitioner further submitted that even if the petitioner failed, as alleged by the respondents, in the examined held in 1981 he was entitled for being afforded two more opportunities as Para 226 of the Land Record Manual provides for three opportunities to clear the Lekhpal examination.