SIRPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) ON going through the petition, it is gathered that the petitioner was appointed on the post of Squad-man vide order dated 19-10-1985, a copy of the appointment order has been placed on record as Annexure A-1. Thereafter, in pursuance to his appointment order, the petitioner started discharging his duties. After having served for nearabout eight years, the petitioner would not have thought during the dawn hours of 17-11-1993 that bright afternoon of that day would become the darkest day of his life as his dry bread will be snatched. On going through Annexure A-5, dated 17-11-1993, it is gathered that by casting stigma on the petitioner his services were terminated. The approach so adopted by the respondents is wholly unwarranted under the law and amounts to, throttling the provision of Article 311 of the Constitution of India and I do not want to become a party by affirming the said arbitrary action.

(2.) IT is well settled in law that if any stigmatic order is passed against a Government servant, departmental enquiry is contemplated. Since this has not been done, according to me, the action of respondents terminating the services of the petitioner without affording any opportunity of hearing to him and without conducting any departmental enquiry against him, can not be allowed to remain stand. The impugned order (Annexure A-5), dated 17-11-1993 runs contrary to the Service Jurisprudence as well as principles of natural justice. In this view of the matter, I have no option except to quash the said order dated 17-11-1993 and, accordingly, I do so.

(3.) RESULTANTLY, this petition succeeds and is hereby allowed. Impugned order (Annexure A-5), dated 17-11-1993 is hereby quashed and the respondents are hereby directed to reinstate the petitioner with full back wages. Costs of this petition shall be borne by the respondents. Since no one is appearing for the petitioner, the respondents are further directed to intimate the result of this petition to the petitioner and allow him to join his service.