LAWS(MPH)-1993-7-30

CHAND KHAN Vs. STATE OF M.P.

Decided On July 10, 1993
CHAND KHAN Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THE petitioners was employed as lower Division Clerk in Municipal Council, Panna since 1981. By the impugned order dated 2.7.1967 (Annexure P -10), his services were terminated on the ground that his appointment was illegal and he was over age. The impugned order of termination is expressly issued in obedience to the direction contained in the letter dated 23.3.1987 (Annexure P -8) of the Dy. Director of Urban Administration, Sagar Division, Sagar.

(2.) THE learned counsel, appearing for the petitioner, assails the impugned order of termination on several grounds including that the impugned order is in flagrant breach of the principles of natural justice, as neither show -cause notice nor any opportunity of hearing was afforded to the petitioner before taking the impugned action.

(3.) WITHOUT going into the question whether the petitioner's initial recruitment was in accordance with the recruitment rules or not, in our opinion, the impugned order of termination deserves to be quashed on the short ground of breach of the principles of natural justice. The petitioner was entitled to be heard before the impugned action was taken.