B.M. Lal, J.@mdashBy this petition, the Petitioner seeks quashing of the order dated 11-5-1987 passed by the Chief Development Officer, Allahabad, whereby his services have been terminated.
2. In short the Petitioner�s case is that he was appointed as Bio Gas Technician by the order of Chief Development Officer, Allahabad dated 27-9-1983. According to the Petitioner, he continued to work on the said post till 11-5-1987 when the impugned order of termination was passed.
3. Initially, the ground of attack on the termination order was that without any rhyme or reason the Petitioners� services have been terminated.
4. However, the Respondents while filing their counter affidavit emerged with the plea that the Petitioner absented himself from 18-2-1987 and further did not complete the work assigned to him, and therefore his services were terminated vide order dated 11-5-1987 referred to above.
5. After receipt of the counter affidavit, the Petitioner has amended the writ petition taking the ground that reasons assigned for his termination attach stigma, and there�re fore, without affording an opportunity to him as contemplated under Article 311(2) of the constitution, his services cannot be terminated, and as such the order of termination is liable to be quashed.
6. This Court allowed the amendment as sought for and the same was incorporated in the main petition. As observed above, the Petitioner�s main contention is that the impugned order of termination is illegal, arbitrary and violates the principles of Articles 311(3) of the constitution of India.
7. This legal position is not disputed that ordinarily where services of a temporary or adhoc employee are terminated, no interference by this Court in its writ jurisdiction is called for as a temporary or adhoc appointee has no right to hold the post, but Article 311(2) of the constitution comes into play making no distinction between a permanent and temporary appointee extending full protection equally to all Government servants where dismissal, removal or reduction in rank is sought to be inflicted by way of punishment.
8. In the instant case the services of the Petitioner have been terminated inter alia on the ground that he absented from duty and did not complete the work assigned to him. This ground is borne out from the counter affidavit filed on behalf of the Respondents though the termination order is silent and speaks of termination simplicter. But since reasons have been assigned for his termination in the counter affidavit, the same cannot be lost sight of. There being reasons for his termination, it was incumbent upon the authority concerned to afford an opportunity of being heard before reaching the conclusion and inflicting the order of termination. Since this has not been resorted to, the order of termination certainly is contrary to the provisions of Article 311(2) of the constitution.
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10. The dictum laid down in Dr. Sumati P. Share''s case (supra) applies with full force to the facts of the instant case in as much as charges have been levelled against him and without conducting any enquiry his services have been terminated.
11. Besides this, the impugned order of termination is also contrary to the provisions of Rule 3 of U.P. Temporary Government Servants (Termination of Services) Rules. 1975 as neither a clear notice in writing was given to the Petitioner nor one month salary was paid to him in lieu thereof. Therefore, on this count also, the impugned order of termination cannot, be sustained
12. For the foregoing reasons, this petition is allowed and the order of termination dated 11-5-1987 is hereby quashed. Consequently, the Petitioner is deemed to be in service and entitled to his all service benefits.
13. However, it is made clear that termination order in the instant case is no doubt set aside for the reasons that it is contrary to the provisions of Article 311(2) of the constitution, but the department, if so chooses, may proceed against the Petitioner after affording full opportunity to him on the same set of facts. See
14. With the above observations, this petition is allowed. Rs. 750/-. costs if certified.
