ANMOL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Special Appeal arises out of the decision of a learned Single Judge of this Court dated 8th March, 1976.

(2.) The facts leading up to this appeal can briefly be stated as under

(3.) Anmol Singh (hereinafter to be called 'the appellant') was appointed as a range clerk on 10th May, 1973 by the Conservator of Forest, Southern Circle, Uttar Pradesh, Allahabad, on a temporary basis. On 21st July, 1975, the Conservator of Forest, respondent No. 2, passed an order terminating his services. Aggrieved against that order, he filed a writ petition in this Court challenging the order terminating his service on the grounds that the order was passed in mala fide exercise of power; That it violated Article 16 of the Constitution inasmuch as persons junior to him were retained, and that the impugned order amounted to punishment and, was therefore, in contravention of Article 311 of the Constitution. The Conservator of Forest, the State of U. P. and the Forest Range Officer were also impleaded as opposite parties in the writ petition. The writ petition was contested on behalf of the opposite parties and the stand taken on their behalf in substance was that the services of the appellant were terminated on account of his unsatisfactory and inefficient work. It was accepted in the counter-affidavit filed on behalf of the opposite parties that some persons junior to the appellant had been retained in service, but it was stated that their record was superior to that of the appellant.