HARBINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has impugned in this writ petition order dated February 22, 1988, Annexure P-2 whereby his services have been terminated with immediate effect, being no longer required.

(2.) Petitioner was appointed as Barbar with effect from June 16, 1987 in the pay scale of Rs. 300-5-400 vide appointment letter, Annexure P-1, on probation for a period of two years which could be extended upto three years on the wishes of the recruiting officer. Services of the petitioner were terminated on February 22, 1988 being no longer required by order Annexure P-2. Appeal preferred by the petitioner before the Deputy Inspector General, Haryana Armed Police, met with no success. Feeling aggrieved, the petitioner filed this writ petition for quashing the order of termination, Annexure P-2 and the order dismissing his appeal, Annexure P-6 and directing the respondents to re-instate him with continuity of service along with other consequential benefits.

(3.) The case of the petitioner as set up in the writ petition is that the action of the respondents suffers from the vice of malice and based on extraneous consideration and his services had been terminated in order to accommodate another person in his place. The petitioner was always adjudged exceptionally good by his superiors since the time he joined service and he was awarded commendation certificate on two occasions. One of the commendation certificates was given to him only a few days before termination by which he was awarded a sum of Rs. 25/-. On these facts, it was submitted that the order of termination was not a simple order of termination but has been passed by way of punishment and on extraneous consideration.