PREM SHANKER Vs. STATE OF U P

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri R. K. Srivastava, learned Counsel for the petitioner and Sri S. S. Sharma, learned Standing Counsel for the State respondents. With the consent of learned Counsels for the parties this writ petition is decided finally at this stage in view of the second proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.

(2.) IN this petition prayer has been made for quashing the order dated 17-6-1991 passed by the Chief Medical Officer, Deoria (Annexure-6 to the writ petition), whereby the petitioner's service was terminated under the U. P. Temporary Government Servant (Termination of Service) Rules, 1975.

(3.) ACCORDING to the petitioner by virtue of this interim order the petitioner is continuing in service and the post, on which he was working has not been abolished and juniors to the petitioner have been retained in service and the petitioner's service mala fidely has been terminated without observing the principle of natural justice and in derogation to the provisions of Article 311 of the Constitution.