VIJAY SINGH YADAV Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the order dated 23.04.99, by which the services of the petitioner were terminated on the ground that his services were no longer required.

(2.) The brief facts are that the petitioner was appointed as salesman by order dated 01.04.93, by the Collector, Dhar, temporarily for the retail sale of the country liquor in the country and foreign liquor shop run by Government departmentally. The appointment of the petitioner was continued by giving him subsequent appointments for period of 89 days and he was allowed to work subsequently in that capacity. A criminal case was registered against the petitioner under Section 34 of the Excise Act on 15.04.99. Thereafter, the order dated 23.04.99 was passed terminating the services of the petitioner. Aggrieved with the same, the petitioner has approached this court by way of the present writ petition.

(3.) Learned counsel appearing for the petitioner submitted that the reply filed by the respondents indicates that the termination order of the petitioner was founded on the misconduct alleged in the reply, therefore, by lifting the veil, it can be seen that the termination order was stigmatic in nature. He further submitted that the persons appointed later in point of time have been retained, therefore, the termination of the petitioner cannot be sustained.