MUNESHWAR DAYAL Vs. ZILA KARYAKRAM ADHIKARI BIJNOR

JUDGEMENT

(1.) By means of this writ petition, the petitioner--Muneshwar Dayal has challenged the order dated 2.1.1996 passed by respondent No. 1--Zila Karyakram Adhikari, Bijnor on the basis of order dated 7.12.1995 passed by respondent No. 2--The Nideshak, Bal Vikas Seva Evam Pustahar, U. P.. Lucknow and has prayed that the said order be quashed and the respondents be directed by means of a writ of mandamus not to interfere in the functioning of the petitioner on the post of peon.

(2.) Counter and rejoinder-affidavits have been exchanged. Heard Sri M. C. Singh, learned counsel for the petitioner as well as learned standing counsel.

(3.) It is an admitted fact that the petitioner was appointed on the post of peon in class IV cadre in the Office of Bal Vikas Pariyojna Adhikari, Nazimabad, district Bijnor on 25.9.1993. He joined the post of peon on 1.10.1993. A Selection Committee was constituted under the rules for regularizatlon of the services of the petitioner. The petitioner was called for interview on 12.10.1994. The Selection Committee recommended the case of the petitioner for regularization of his services as peon and ultimately by order dated 25.10.1994, the services of the petitioner were regularised. On 2.1.1996 the respondent No. 1--Zila Karyakram Adhikari. Bijnor terminated the services of the petitioner on the basis of a general order dated 7.12.1995 passed by the Director, Bal Vikas Seva Evam Pustahar. U. P., Lucknow--respondent No. 2. It is this order which has been challenged by the petitioner in this writ petition on the ground that the petitioner being a regular employee of the department, his services could not be terminated abruptly without affording him an opportunity of hearing or initiating departmental enquiry against him. According to the learned counsel for the petitioner, the order of termination of the services of the petitioner has been passed by way of punishment and is, therefore, liable to be quashed.