SURESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.S. Tripathi learned counsel for the petitioner.

(2.) The petitioner is aggrieved by the order whereby his services have been terminated by giving him one month's notice/pay in lieu there of.

(3.) According to Sri Tripathi the petitioner was appointed as a Safai Karmchari on temporary basis vide office order dated 15.11.2008 and he states that the provisions of the U.P. Temporary Government Servants (Termination) Rules, 1975 are governing the field. According to learned counsel for the petitioner under the conditions of the appointment letter a simplicitor termination by giving one month's notice/pay in lieu thereof was within jurisdiction of the authority but when a charge or imputation has been made in the termination order which is the basis of the impugned order then the principles of natural justice would be attracted and the petitioner would enjoy the protection of Article 311 of the Constitution of India even if the rules governing the field did not provide for any show cause notice.