PURAN SINGH BISHT Vs. CANE COMMISSIONER AND ANOTHER

JUDGEMENT

(1.) (Delivered by Hon'ble Govind Mathur, J. under Chapter VII Rule 1(2) of Allahabad High Court Rules, 1952).

(2.) In brief, factual matrix of the case is that an appointment was accorded to the appellant-petitioner as Junior Engineer under an order dated 03.01.1987 passed by the Cane Commissioner, Uttar Pradesh. The appointment was on probation for a period of two years in temporary capacity against a substantive vacancy. On completion of two years of service, no order confirming the appellant-petitioner in service was passed but he was allowed to continue therein. A disciplinary proceeding was initiated against him under a statement of charges dated 26.04.1991. The proceedings, so initiated, were dropped under a letter dated 30.11.1992 after recording evidence adduced by the Department. On 03.11992, the Cane Commissioner terminated the appellant-petitioner from service by stating that his services are no more required. Being aggrieved by the same, the appellant-petitioner preferred a petition for writ that came to be dismissed under the judgment impugned. Learned Single Bench after referring several judgments of Hon'ble Supreme Court held as follows:-

(3.) Validity of the judgment impugned is assailed on several counts inter-alia:-