TAJUDDIN Vs. C.M.O. BANDA AND ORS.

JUDGEMENT

(1.) By means of the present petition under Art. 226 of the Constitution the petitioner prays for the issuance of a writ of certiorari for quashing the order of termination of services of the petitioner dated 2nd May, 1989 (Annexure 8 of the writ petition) passed by the respondent No.1.

(2.) The facts in brief are that the petitioner was appointed on a temporary post as a House Visitor on the 5th of Jan., 1977, vide Annexure 2 to the writ petition. By an order dated 13th Dec., 1987, the petitioner was suspended on the charges that he did not remain present at the Head Office and that from April 1987 to Nov. 1987 his performance in sterilisation was zero as also his performance in training and family planning education was nil. The petitioner was issued a charge-sheet and an enquiry officer was appointed. The petitioner submitted his reply to the charge-sheet and thereafter on the conclusion of the enquiry proceedings the services of the petitioner were terminated on 2nd of May, 1989 by the respondent No.1. The services of the petitioner have been terminated in accordance with the provisions of U.P. Temporary Government servants Termination of Service Rules, 1975 (hereinafter referred to as the Rules).

(3.) The order of termination does not cast any stigma on the petitioner and it is an innocuous order. Counsel for the petitioner submitted that the impugned termination order has been passed by way of punishment and as a result of the report of the Enquiry Officer.