DALER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER impugns the order dated 15.10.2010 (Annexure P -20) whereby his services were terminated.

(2.) WHEN the case was taken up on 15.3.2013, following order was passed: -

(3.) LEARNED counsel for the petitioner has raised twin arguments. Firstly, he submits that admittedly, no regular departmental enquiry was conducted against the petitioner before terminating his services and the impugned order of termination was illegal on the face of it. Secondly, he submits that impugned order was passed by an authority, who did not have any jurisdiction to pass the impugned order. He relies on the statutory rules known as Punjab State Education (Class III) (School Cadre) Service Rules 1978, to contend that it was the Director Public Instructions (S.E.), who was competent to pass the impugned order and against the order passed by the Director, an appeal would lie before respondent No. 1, who has passed the impugned order. Thus, even the statutory right of appeal of the petitioner was taken away.