Urman Singh vs Sub-Divisional Officer,Moradabad and Others

B.K. Rathi, J.—This is a petition under Article 226 of the Constitution of India for issue of a writ of certiorari quashing the order dated 151090 Annexure6 to the writ petition passed by opposite party No. 1 and for issue of a writ of mandamus directing the opposite parties not to interfere in the functioning of the petitioner as Lekhpal.

I have heard Sri. M.A. Qadeer, learned Counsel for the petitioner and the Standing Counsel.

The petitioner alleged that he was selected as Lekhpal and undergone the training and thereafter he was appointed as Lekhpal by an order dated 1890. That since then the petitioner was working as Lekhpal. That the services of the petitioner were terminated by an order dated 151090. That his services were terminated with reference to the letter of opposite party No. 2 dated 101090. That the copy of that letter was not given to the petitioner. That no reason has been assigned for termination of his services. That therefore, the termination order is bad in the eye of law and is violative of the principles of natural justice and Articles 310 and 311 of the Constitution of India.

The petition has been opposed by the State.

The termination order Annexure6 to the writ petition shows that it has been passed by opposite party No. 1 and the services have been terminated on the letter alleged to have been written on 101090 by opposite party No. 2. The said letter has not been produced. No reason has been assigned for termination of services of the petitioner. It is not mentioned that the services are no more required. The copy of the letter dated 101090 was not supplied to the petitioner and no show cause notice was served.

Accordingly, the order passed by opposite party No. 1, dated 151090 is violative of the principles of natural justice and Article 311 of the Constitution of India. The petition is, therefore, fit to be allowed.

The petition is allowed and the order dated 151090 Annexure 6 to the petition is quashed.