ASHOK KUMAR VISHWAKARMA Vs. STATE & ORS.

JUDGEMENT

(1.) This is a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 19.12.1995 of the respondent no. 3 by which the services of the petitioner have been terminated by giving him one month notice.

(2.) The petitioner was appointed as Library Attendant by order dated 17.2.1992 of respondent no. 3 Registrar, M.P. State Administrative Tribunal, Jabalpur in the pay scale of Rs. 750 -945. A copy of the appointment letter is Annexure P -1. It was stipulated in this order that the services of the petitioner would be purely temporary and liable to termination at any time without notice. His services were terminated by order dated 19.12.1995 (Annexure P -2) with effect from 18.1.1996. Thus, the petitioner was given one month notice. This is termination simplicitor.

(3.) The petitioner's case is that he had completed more than three years of service and he had acquired quasi permanent status and his services could not be terminated without holding a departmental inquiry. According to the petitioner his work was satisfactory. In the alternative it is stated that if the termination is based on any misconduct then it was necessary to hold a regular D.E. giving the petitioner an opportunity of hearing in which he could establish his innocence.