P.N. SHUKLA Vs. CHAIRMAN, UTTAR PRADESH, STATE

JUDGEMENT

(1.) THE petitioner has challenged the order of termination dated 18th March, 1994 by saying that it is illegal, arbitrary and has been caused in flagrant violation of principles of natural justice.

(2.) IT appears to this Court that neither any enquiry proceeding was initiated nor any cause has been shown for dispensation of such enquiry by the respondents authority. Only by way of affidavit, the respondents wanted to establish the case that there is no necessity of enquiry. Therefore, their case is for violation of principle of natural justice. Rule 11 of the Rules relating to U.P. State Handloom Corporation (Staff and Officers Conditions of Service Rules) speaks as follows:-

(3.) WE are of the view that petitioner may or may not be regular government employee or employee under other authorities but the question of natural justice at the time of awarding punishment particularly in respect of major punishment enquiry cannot be dispensed with. There is no scope to defending the issue by filing an affidavit nor we are satisfied, if any such plea has been taken by the respondents herein. Therefore, in totality the order of punishment to be quashed along with the appellate order and the order of recovery.