STATE OF U. P. Vs. NISAR AHMAD

JUDGEMENT

(1.) The suit giving rise to the present appeal was filed by the plaintiff respondent, who was an Accounts Clerk in the District Agricultural Office, Deoria, for a declaration that the order dated 16-12-1964 terminating his service was illegal, void and ineffective on the ground that the order was passed by way of punishment and no opportunity to show cause had been provided; that neither a months notice nor one months salary in lieu of notice had been given, and that the order was mala fide. The plaintiff further claimed recovery of his salary from 1st Jan., 1965 till 7th April, 1965.

(2.) The suit was contested principally on the ground that the said order was not of dismissal but a simple order of termination of service in accordance with the terms of the contract of service. The allegations of mala fide were also denied.

(3.) The trial court decreed the suit holding that the order dated 16-12-1964 amounted to dismissal by way of punishment and that it was also illegal for want of one months notice or payment of one months salary in lieu thereof. The plea of malafide was, however, negatived. The lower appellate court held that the impugned order was a simple order of termination and not of dismissal or removal from service and the provisions of Art. 311 were not attracted. It, however, came to the conclusion that the services of the plaintiff could have been terminated without prior notice but as one months pay was not given when the impugned order was passed, the order was illegal.