RAM NIWAS Vs. STATE OF U P

JUDGEMENT

(1.) The challenge in the present writ petition is to an order dated 20/2/2009, in terms of which the services of the petitioner has been terminated by the respondent no.3. A perusal of the order shows that the services of the petitioner was brought to an end on the following grounds:

(2.) Shorn of unnecessary details, the facts relevant for disposal of this writ petition are as follows: in response to an advertisement dated 22/5/2007, for the post of "Sweeper" the petitioner appears to have applied for consideration along with all his relevant testimonials. Pursuant to a selection undertaken by a Committee constituted for the said purpose, the petitioner came to be appointed on 20/11/2007, albeit on temporary basis. Pursuant to the aforesaid order of appointment, he also joined his duties on 01/12/2007.

(3.) On 21/11/2008, a show cause notice was issued by the respondent no.3 calling upon the petitioner to explain why his services not be terminated his appointment itself being in violation of the provisions of Sections 81, 82 and 83 of the Uttar Pradesh Municipalities Act, 1916 (hereinafter called the "Act, 1916"). In response to the said notice, the petitioner contended that the disqualifications, penalties and disclosures contemplated under the aforesaid provisions were clearly not attracted in his case.