STATE OF U P Vs. RAM NAWAL CHAUDHARI

JUDGEMENT

(1.) S. C. Verma, J. The State of Uttar Pradesh has challenged the order of the U P. Public Services Tribunal dated 4-7-1979 passed in Claim Peti tion No. 735 (I)/iii/78.

(2.) THE respondent No. 1 had filed suit No- 201 of 1973 in the Court of Muasif, Gorakhpur challenging the action of termination of his services. THE suit was ultimately transferred to the Tribunal. THE respondent No. 1 was initially appointed as Typist-cum-clerk by order dated 4th May, 1962. It is alleged that Block Development Officer was annoyed on account of some incident in October 1969. THE respondent No. 1 had taken leave for five days and he remained on leave till 28-1-1970. THE order of termination dated 16-12-1969 was served on respondent No. 1 on 21-1-1970 which was challenged in the claim petition on the ground that the same has been passed by way of punishment in violation of Article 311 of the Consti tution.

(3.) THE main question for consideration is as to whether in the above facts and circumstances of the case the impugned action of termination is by way of punishment or the order dated 26-12-1969 is an order of termina tion simpliciter, under the terms of appointment and the Service Rules.