BIHARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. The aforesaid three writ petitions are connected and are being decided by means of common order as the points involved therein are identical.

(2.) CIVIL Misc. Writ Petition No. 8825 of 1981 has been filed by Sri Bihari Lal against the order of U. P. Public Services Tribunal I, Lucknow dated 31-1-81 in claim petition no. 305 (I) of 1978 arising out of impugned order of removal dated 29-8-1973 (Annexure 9) to the petition. Similarly CIVIL Misc Writ Petition no. 9633 of 1981 has been filed by Prakash Chandra Saxena against the order of U. P. Public Services Tribunal I, Lucknow dated 31-1-1981 in Claim petition no. 163 (I) arising out of impugned order of removal dated 9-4-74 (Annexure 10 to the petition). Likewise CIVIL Misc. Writ Petition No. 4599 of 1983 has been filed by Sri Brij Kishore against the order of U. P. Public Services Tribunal I Lucknow dated 1-12-1982 in Claim petition No 101 (1) of 1978 arising out of impugned order of removal dated 9-4-1974 (Annexure 2) to the petition. Against the aforesaid orders of removal from service of Lekhpal the petitioners filed the aforesaid claim petitions before the U. P. Public Services Tribunal, I Lucknow which were dismissed against which the present three writ petitions have been filed. The U. P. Public Services Tribunal upheld the orders of removal from service passed by the Sub-Divisional Officer, Farrukhabad.

(3.) THE main contention was that the appointment of petitioners were made by the Collector Farrukhabad and thus removal by S.D.O. is invalid.