AJIT KUMAR Vs. STATE OF PUNJAB, ETC

JUDGEMENT

(1.) The petitioner who was employed as a Secretary of the Municipal Committee, Tankanwali, District Ferozepur, impugns the termination of his service in pursuance of the directions issued by the Director, Local Self Government, Punjab on August, 2, 1974 (Annexure P-9). This order of the director reads as follows :-

(2.) "In pursuance of the provisions of Section 41 of the Punjab Municipal Act, 1911 read with Punjab Government Notification No. GSR-PA-3/S-22-66/16399 dated the 4th July, 1966 and after giving Sh. Ajit Kumar, Secretary, Municipal Committee, Tankanwali, an opportunity of being heard, I S.K. Sudhakar, Director Local Government, Punjab hereby require the Municipal Committee, Tankanwali to dismiss from its service, Sh. Ajit Kumar, Secretary, Municipal Committee, aforesaid as the Government is of the opinion that he is unfit for employment."

(3.) The challenges of the petitioner are (i) in pursuance of the above-noted order, the Municipal Committee, Respondent No. 4 has not as a matter of fact, passed any resolution terminating his services; (ii) order Annexure P-6 is not a speaking order and (iii) no notice or changes for the punishment inflicted i.e. dismissal from service was ever given.