PADAM SINGH SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) BY way of this writ petition, petitioner prays for quashing of the order dated 23rd February, 2001, passed by the District Magistrate, Saharanpur (Annexure-7 to the writ petition) terminating services of petitioner.

(2.) PETITIONER was working as Cooperative Kurk Amin in Block Ballia Kheri, District Saharanpur. Due to certain misconduct a preliminary enquiry followed by show cause notice was initiated and the services of the petitioner were terminated by the District Magistrate. This Court dismissed the writ petition preferred by the petitioner challenging the impugned order by a judgment dated 26.3.2000, but the Special Appeal No. 408 of 2001 preferred against the said judgment was allowed and the matter was remanded back after setting aside the judgment of the learned Single Judge. The Division Bench recorded following findings as regard termination of petitioner's services:

(3.) LEARNED Counsel for the petitioner urged that impugned order of termination was not an order of termination simplicitor, but it is an order of punishment on the basis of some alleged misconduct for which no disciplinary proceeding was held, no charge-sheet was framed and no opportunity of hearing was given to the petitioner. Impugned order is violative of Article 311(2) of the Constitution of India and is liable to be set aside. He relied upon a judgment reported in 2005 All C.J. 2148, Katar Singh v. District Magistrate/Collector, Saharanpur and others, in support of his case which is similarly situated to the case of petitioner and prayed to quash the impugned order.