CHIEF MUNICIPAL OFFICER Vs. HARILAL

JUDGEMENT

(1.) The present writ appeal is arising out of the order dated 24.7.2019 passed in W.P. No.25807/2018 by learned Single Judge in the case of (Harilal Vs. State of M.P. ). The facts of the case reveal that Harilal respondent no.1 has filed a writ petition before this Court being aggrieved by the order dated 05.10.2018 passed by the Chief Municipal Officer, Nagar Parishad, Bhanpura by which his appointment order was cancelled.

(2.) Undisputedly, Harilal respondent no.1 was appointed by an order dated 24.2.2016 on the post of 'Safai Karamchari' on account of death of his mother, who was again a Safai Kamkar namely Smt. Bhavribai in the pay scale of Rs.4400-7440. He was appointed on probation for a period of 2 years and after completion of 2 years his services were terminated without affording him any opportunity of hearing.

(3.) The learned Single Judge as no opportunity of any kind of hearing was granted to the petitioner therein and has set aside the order of termination. Learned Single Judge has arrived at a conclusion that Harilal has completed successfully period of two years of probation and his services could not have been terminated without conducting a departmental inquiry. It has also been observed that respondents have failed to justify their action in their return and a vague return was filed in the matter. This Court is of the considered opinion that the order passed by learned Single Judge does not warrant any interference. There has been a total non-compliance of principle of Natural justice and Fair Play on the part of the employer.