GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as District Social Welfare Officer in the Punjab Social Welfare (Class III) Service vide order dated May 5, 1976. On March 3, 1982, the Government passed an order by which his services were to terminated. Aggrieved by this order, the petitioner submitted a representation. No useful result having ensued, the petitioner filed the present writ petition in March 1983. The petitioner impungs the order of his termination on two grounds Firstly, it is alleged that the order of termination was illegal as neither one month's notice was given to him nor one month's pay was disbursed which was a condition pre-requisite for the passing of an order of termination. Secondly, it is alleged that two false cases had been registered was against the petitioner in February and March 1979. In pursuance of the registration of those cases, he was actually arrested by the police on February 3, 1982. Thereafter, his services were terminated vide order dated March 3, 1982. The order of termination was only on account of the registration of the criminal cases. It was, thus, a penal order which could not have been passed expect after holding a regular enquiry. On the basis of these grounds, the petitioner claims that the order of termination deserves to be set aside and that he should be reinstated with all consequential benefits.

(2.) In the written statement filed on behalf of the respondents, the claim made by the petitioner has been controverted .

(3.) Counsel for the parties have been heard.