Chandra Prakash Bharti vs State of U.P. and Others

Devendra Kumar Arora, J.—By means of this writ petition, the Petitioner has prayed for a writ in the nature of certiorari for quashing of the order of termination dated 04.2.1989, contained in Annexure No. 3 to the writ petition. The Petitioner has further prayed for a writ in the nature of mandamus commanding the opposite parties to pay the Petitioner his salary and allowances treating that no order of termination was passed against him.

Submission of learned Counsel for the Petitioner is that the Petitioner was selected as Health Worker (Male) by the opposite party No. 2 and in the select list Petitioner''s name is shown at serial No. 4 and vide order dated 23.1.1988 he was appointed on the post of Health Worker (Male) in the pay-scale of Rs. 354-550 in district Barabanki. On the basis of the aforesaid letter dated 23.1.1988 the Chief Medical Officer vide letter dated Feb. 1, 1988 posted the Petitioner as Health Worker (Male) at the Primary Health Centre, Rudauli, district Barabanki. Petitioner joined there and worked with all devotion and sincerity. However, on 13.2.1989, Petitioner was served with termination order dated 04.2.1989. Submission of learned Counsel for the Petitioner is that Petitioner''s name in the select list is at serial No. 4 and all the 22 persons juniors to the Petitioner have been retained in service. Further, another select list was announced and postings of those selected candidates were made some time six months after the Petitioner''s appointment and the said persons, although juniors to the Petitioner, are also continuing to work. The grievance of the Petitioner is that neither any show cause notice was served upon the Petitioner nor opportunity of hearing was afforded to him. The termination order has been passed without any departmental proceeding in gross violation of the principles of natural justice.

Vide order of dated 27.9.1989 this Court directed the Respondents not to interfere with the working of the Petitioner on the basis of the impugned termination order.

On the other hand, learned Counsel for the Respondents submitted that the Petitioner was temporarily appointed on the post of Health Worker (Male). His services were terminated as per Government Order No. 20-1-1975-Karmik (Karmik Anubhag-1) dtated 07.2.1976 and the instructions laid down in U. P. Asthai Sarkari Sewak(Sewa Samapti) Niyamawali, 1975. The Petitioner was found unfit for the job after overall assessment of his work and performance. The Petitioner had absconded from duty without any prior sanction of leave from the Head Office, Petitioner was also arrested by the police of Police Station Krishna Nagar, Lucknow and had been detained in Jail. Since Petitioner''s services were purely temporary, there was no need to issue show cause notice or provide any opportunity to him.

In the rejoinder affidavit, Petitioner clarified his position stating that he was involved in murder case of his own wife under Sections 302, 201 and 120-B I.P.C. in which he has been acquitted vide judgment & order dated 13.3.1991. Heard learned Counsel for the parties and perused the record. Learned Counsel for the Petitioner drew attention of this Court towards the averments made in para 7 of rejoinder affidavit and submitted that the Petitioner on 28.3.1988 after doing the day''s duty with the permission of the officiating Medical Officer, Rudauli came to his house at Lucknow and found his wife missing. The Petitioner remained busy in search of her and he had to go to his native place at Gorakhpur where he received telephonic information that dead body of his wife has been found at Barabanki. The Petitioner sent leave application from Gorakhpur to the officiating Medical Officer, Rudauli. The Petitioner was arrested at Lucknow on 04.04.1988 on the charge of murdering his wife but subsequently released on bail on 08.08.1988. The Petitioner reported for duty on 9.8.1988 before the officiating Medical Officer, Rudauli, who directed the Petitioner to appear before the Chief Medical Officer, Barabanki. The Petitioner appeared before the Chief Medical Officer, Barabanki but he was not allowed to join his duties and was served with the order terminating his service on 04.2.1989.

It is also submitted by learned Counsel for the Petitioner that nothing has been brought on record by the opposite parties on the basis of which Petitioner''s un-suitability was assessed. It appears that due to Petitioner''s involvement in the case of murder of his wife, the opposite parties terminated the services of the Petitioner by invoking the provisions of U. P. Asthai Sarkari Sewak(Sewa Samapti) Niyamawali, 1975. The learned Xth Addl. Sessions Judge, Lucknow by means of judgment & order dated 13.3.1991 acquitted the Petitioner from the charge of murder of his wife.

This Court by means of order dated 27.9.1989 provided that until further orders, the Respondents shall not interfere with the working of the Petitioner on the basis of the impugned order dated 4th February, 1989 (Annexure No. 3 to the writ petition).

Now, about 21 years have passed. The opposite parties have not brought any material on record on the basis of which the Petitioner''s un-suitability was assessed. The termination order appears to have been passed against the Petitioner only on account of his involvement in murder case of his wife. Since Petitioner has already been acquitted from the charge of murder of his wife by the competent court, this Court do not find any good reason to uphold the termination order dated 4.2.1989.

In view of the above, writ petition deserves to be allowed. Accordingly, writ petition is allowed. The impugned termination order dated 04.2.1989 (Annexure No. 3 to the writ petition) is hereby quashed; consequences to follow. No order as to costs.