VISHNU DHAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Aggrieved by an order of termination from service, the petitioner preferred a claim petition before the Public Services Tribunal in the year 1982.

(2.) It was the case of the petitioner that the order of termination was not served upon him where in the written statement filed by the U.P. State Road Transport Corporation (hereinafter referred to as UPSRTC) it was categorically stated in para 10 that the order of termination has been sent to the petitioner through registered post dated April 19, 1968. In the counter-affidavit, the termination order was also filed. In the claim petition, the petitioner himself had alleged that he was given to understand that his services have been terminated by an order dated April 30, 1968 whereas actually the services were terminated by order dated April 19, 1968. The same was sent through registered post and the presumption was that the petitioner had received the same, having not returned unserved.

(3.) In short, the case of the petitioner was that he was appointed in 1956 as Chowkidar in the Government Roadways. While he was posted at Government Roadways Workshop, Charbagh, Lucknow in the year 1967 a report of theft was lodged naming him and one Nanhe. He was arrested and detained in jail from where he was released on bail. A charge-sheet was submitted against Nanhe but no charge-sheet was submitted against the petitioner. In the year 1978 he moved an application before the Magistrate concerned alleging that no charge-sheet was submitted against him and, therefore, the bail bonds may be discharged. His prayer was accepted and the bail bonds were discharged on May 23, 1980. The petitioner moved an application before the authorities of the UPSRTC for reinstating him in service and when he was not reinstated upto July 30, 1982, then he preferred the claim petition. The petitioner although initially pleaded that since no charge-sheet has been submitted against him, his prayer for discharge of bail bonds was accepted by the Magistrate, but later on asserted that he was acquitted by Munsif Magistrate on October 17, 1979.