ONKAR PRASAD PAURANIK Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, by this writ petition under Article 226/227 of the constitution of India, is challenging the resolution dated 26/4/1995 passed by respondent No. 3 vide Annexure-A/7 whereby his services have been terminated on the ground that he has not passed Hindi Typing Examination within a period of six months from the date of his appointment.

(2.) IN brief, the petitioner was appointed on the post of Lower Division clerk by the Dy. Director, Panchayat and Social Services, Damoh vide order dated 25/4/1994 in Janpad Panchayat, Padera in the pay scale of Rs. 950-1530/ -. As per the terms and conditions of the appointment, the petitioner has to pass the Hindi Typing Examination within six months from the date of his joining. He on 28/10/1994 passed the Hindi Typing Examination from m. P. Shorthand and Typing Board. Necessary certificate from the said Board was issued vide Annexure-A/2. The petitioner submitted the said certificate on 10/11/1994 vide Annexure-A/3.

(3.) THE sole contention of learned counsel for the petitioner is that respondent No. 3 has committed several irregularities in the appointment of primary School Teachers and the petitioner made complaint against respondent No. 3 and, therefore, respondent No. 3 vide impugned resolution terminated his services on the ground that he has not passed the Hindi typing Examination. It has also been submitted by learned counsel for the petitioner that after passing the resolution, no order has been passed and the said resolution has been passed without giving any opportunity of hearing to the petitioner, in violation of the principles of natural justice.