DILIP Vs. DISTRICT SOLDIERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 19.6.1993 terminating the services of the petitioner w.e.f. 8.6.1993.

(2.) Briefly stated the facts of the case are that the petitioner was appointed on the post of Jamadar (Sweeper) through an appointment letter on 10.2.1987. According to him name of the petitioner was registered with the employment exchange and it was forwarded by the employment exchange , Allahabad to the office of the respondent no.2, Zila Sainik Kalyan Evam Punarwas Adhikari. Interview was held and after that the petitioner was selected for the post of Sweeper. According to the petitioner his services have been terminated by giving him salary in lieu of notice which has been published in the newspaper Amrit Prabhat on 20.6.1993 and his services have been terminated w.e.f. 8.6.1993. The notice itself is dated 19.6.1993 which was published in the newspaper on 20.6.1993 (Annexure-2 to the writ petition). The contention of the petitioner is that he was appointed in service in a regular manner but his services have been terminated without complying with the provisions of Article 311 (2) of the Constitution of India or without holding any departmental enquiry.

(3.) I have heard Sri Prakash Chandra Srivastava, learned counsel for the petitioner and Sri Rajesh Pathik, learned counsel appearing for the respondent no.2 as well as the learned Standing Counsel for the respondent no.1. A counter affidavit has been filed in this case by one Lt. Colonel Mahendra Singh posted as Zila Sainik Kalyan Evam Punarwas Adhikari, Allahabad as respondent no.2 as well as on behalf of respondent no.1.