SADANAND Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri Satya Prakash Pandey, learned counsel for the petitioner and Sri Pradeep Kumar for respondent. By this petition, the petitioner has challenged the order dated 10.2.2003 passed by the District Judge, Allahabad contained in Annexure-5 of the writ petition, whereby petitioner's services were terminated in purported exercise of power under the provisions of Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (hereinafter referred to as '1975 Rules') indicating that he will get 30 days' wage/salary in lieu of 30 days notice under the said Rules.

(2.) It is stated that the petitioner was appointed on the post of Driver by the District Judge, Allahabad on 26.10.1996 after due selection in pursuance of advertisement issued in the year 1996. Since the date of his appointment the petitioner was continuously working on the said post. On 21.10.2002 he was convicted in Session Trial No. 202 of 1999 by Additional Session Judge, Allahabad u/S. 366 and 376, I.P.C. wherein he was sentenced for 3 years and 7 years imprisonment and fine of Rs. 3000/- and Rs. 5000/- total Rs. 8000/- was also awarded against him. Feeling aggrieved against which the petitioner has preferred Criminal Appeal No. 4563 of 2002 before this Court, wherein on 25.10.2002 the operation of judgment and order dated 21.10.2002 appealed against passed by Trail court has been stayed and the petitioner was also released on bail. Initially the petitioner was placed under suspension vide order dated 23.10.2002 intending to hold inquiry against him on account of his detention for a period of more than 48 hours. Thereafter a preliminary inquiry was held against the petitioner by Additional District Judge, Allahabad, who submitted his report 29.1.2003 to the District Judge, Allahabad, thereupon the District Judge, Allahabad after going through the said inquiry report has passed an order dated 4.2.2003 intending to terminate the services of the petitioner under 1975 Rules. The copy of preliminary inquiry report dated 29.1.2003 and order dated 4.2.2003 passed by the District Judge, Allahabad are on record as Annexures-2 and 1 respectively to the counter-affidavit filed in the writ petition on behalf of the respondent.

(3.) It would be useful to quote the order dated 4.2.2003 passed by the District Judge, Allahabad contained in C.A.-1 as under: