HARI SHANKAR SHUKLA Vs. SETTLEMENT OFFICER CONSOLIDATION

JUDGEMENT

(1.) BY means of this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks to get quashed the order, dated 29 September 1964, by which he was dismissed from service, He farther prays that the orders, dated 2/4 January 1965, pasted by the Settlement Officer, Consolidation, and 37 May 1965, passed by the Consolidation Commissioner be also quashed.

(2.) THE undisputed facts leading to the filing of this writ petition, briefly stated, are that Hari Shankar Shukla, petitioner, was appointed as a temporary clerk in the office of the Assistant Consolidation Officer on 26 April 1946, and had continued to work as such till the date of his dismissal. On 13 September 1964, the petitioner applied for one and a half months' earned leave on the ground that his a mother was ill, and the Assistant Consolidation Officer. under whom be was working, recommended his leave by passing the following order: Forwarded to the Consolidation Officer II Hari Shankar Shukla, court clerk to this office may be sanctioned earned leave with effect from 13 September 1964 forenoon, for 45 days and in his place Bishan Nath Lal Lakhpal (C) of the circle may be appointed to officiate in place of Shukla from 13 September 1964, Fard charge in duplicate is attached herewith.

(3.) THE leave prayed for by the petitioner was not sanctioned and by his order, dated 39 September 1964, the Settlement Officer, Consolidation, passed the following order of termination of service which was duly notified to the petitioner: Please take notice that your services are no longer required in Consolidation of Holding departments and are terminated with effect from 53 September 1964 forenoon, the date of absconding from duty. You will get one month's pay in lieu of notice. The order of the termination of service was passed without giving any opportunity to the petitioner to explain.