LAWS(ALL)-1996-3-72

PATI RAJ Vs. STATE OF U P

Decided On March 21, 1996
PATI RAJ Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. Sri Pati Raj, the petitioner, has challenged the order of termination, dated June 15, 1992 con tained in Annexure 4 to the writ petition.

(2.) THE impugned order, dated June 15, 1991 has been passed under the provisions of Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (hereinafter referred to as 'the Rules of 1975' ). THE impugned order is in Hindi, and translated into English, it runs as follows:- "in continuation of letter No. Bhu. Sankhya 1392-A/6-A-43 dated (sic) 18,1992 of Additional Director of Agriculture (Administration), the ser vices of Sri Pati Raj, son of Sri Laxman Kamdar, Krishi Beej Bhandar, Basupur Vikas Khand, Jaisinghpur are hereby terminated with immedi ate effect since the Department is now not re quired the services of Sri Pati Raj. "

(3.) IT has been lastly contended by the learned counsel for the petitioner that the impugned order of termination has not been passed by application of mind by the appointing authority but the same has been passed on the dictate of higher authority, namely, the Additional Director of Agricul ture (Administration), and, therefore, it cannot be sustained in law.