LAWS(MPH)-2006-4-111

MANOJ KUMAR Vs. MUNICIPAL CORPORATION

Decided On April 27, 2006
MANOJ KUMAR Appellant
V/S
MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) BY this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing of order, dated 24.2.1995 Annexure A/1, passed by the respondent No. 2 whereby he has been removed from service on the ground that his appointment on compassionate ground in the absence of any affidavit by an employee of the Corporation was not proper.

(2.) DESPITE service of notice on the respondents, no return has been filed till this date. This matter being very old, it is finally heard.

(3.) THE petitioner pursuant to the interim order dated 30.3.1995 of this Court is still continuing on the post of Upper Division Teacher. The learned counsel for the petitioner has produced a photo state copy of the service book of petitioner from which it is revealed that by order dated 16.7.1997 he has also been confirmed on the post of Upper Division Teacher. It is further noted that by the same impugned order dated 24.2.1995 Annexure A-1. the compassionate appointment of one more person namely; Rajendra Nagariya was also cancelled and in WP No. 898/1995 this Court by order dated 22.11.1995 has quashed the same on the ground of violation of principles of natural justice.