PARSHOTAM LAL GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, Parshotam Lal Gupta, in this petition under Articles 226 and 227 of the Constitution was appointed a temporary clerk in the office of Malaria Officer, amritsar, according to letter, Annexure 'a', on March 25, 1958.

(2.) ON October, 28, 1963, the Malaria Officer of Gurgaon, where the petitioner was then posted, asked for his explanation in regard to two days' pay for leave of those days in September, 1963, having been wrongly paid to one social worker. In the petition the petitioner gives one version and then says that the Malaria Officer had his own version. On October 29, 1963, he was further asked by the Malaria officer to explain his conduct on the previous day when he had to explain the matter of wrong payment to the social worker for two days of the latter's leave without pay. The petitioner had in the meantime written an express-delivery letter to the Director of Health Services on October 28, 1963, about the same incident. He was also required on October 30, 1963, to explain how he had made a direct representation to the Director without sending it through proper channel. The petitioner says that he gave his replies to the communications asking for his explanation.

(3.) ON December 19, 1963, the Director of Health Services sent a memorandum to the Malaria Officer, Gurgaon, copy Annexure 'i', saying--"the services of Shri parshotam Lal Gupta, Clerk of your office are hereby terminated with immediate effect. He may be relieved immediately and paid one month's pay in lieu of notice under intimation to this office. " With this was added under the signatures of the director this endorsement-" copies forwarded to all Zonal Officers and Malaria Officers, in the State, for information. They should keep a note that Shri Parshotam Lal Gupta, whose particulars are given below, should not be employed in any of the malaria Units: name: Shri Parshotam Lal Gupta. Father's name: Shri Dina Nath Gupta. Address: House No. 1217, Gali Arayan, near Subash Gali, Gurdaspur City. Reasons for discharge: Insubordination. " a copy of the memorandum addressed by the Director to the Malaria Officer, gurgaon, Annexure 'h', not with the endorsement accompanying that memorandum as in Annexure 'i', was forwarded to the petitioner by the Malaria officer under his endorsement, dated December 21, 1963, informing the petitioner that 'his services are hereby terminated today on 21-12-1963 A. N. He should handover his charge and get the relieving order. ' The petitioner was also informed that he could get his pay in lieu of one month's notice on December 24, 1963, as it was not possible to pay on December 22 and 23, 1963, being holidays.