SAMRATH LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Samarath Lal, who was appointed as a Casual Labourer in November, 1986 by the respondends has filed this writ petition against his termination Order Ex. 2 dated 30 -9 -1989, whereby his services were ordered to be terminated on the gound that be was found guilty of the offence Under Section 4/2 of the Rajasthan Prohibition Act, 1969 (for short 'the Act').

(2.) THE contention of the petitioner is that earlier his services were terminated on 1 -2 -1981 but the Central Government Industrial Tribunal, Jaipur (here in after referred to as 'the Tribunal') by its Award dated 25 -11 -83 ordered for his reinstatement with continuity of his service and he was ordered to be paid full back wages upto May, 1981.

(3.) IT may be stated here that the Rajasthan Prohibition Act, 1969 was probably withdrawn some where in the year 1981. It has been contended on behalf of the petitioner that when the Act was not inforce then the termination based on the conviction recorded, Under that Act is not sustainable and is illegal and arbitrary According to the petitioner, this termination has been effected in violation of the principles of natural justice as he has not been, afforded an opportunity of hearing before passing his termination order. Even in the year 1978, when the petitioner was convicted of the aforesaid offence, he was in the employment of the respondents and, thereafter, he has served the respondents for about 11 years and, therefore, that conviction cannot be made a ground for his termination as it is based on extraneous considerations. He has submitted that how the necessity arose for verification of his character and antscodants after completion of 13 years of his services with the respondents. Taking of liquor is no offence. He was punished simply because he was found loitering on the road after taking wine and that is no offence involving turpitude.