LAWS(GAU)-2009-10-23

TAPENG GAO Vs. STATE OF ARUNACHAL PRADESH

Decided On October 22, 2009
TAPENG GAO Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) HEARD Mr. A. K. Singh, learned counsel for the petitioner. Also heard Ms. G. Deka, learned Addl. Senior Government Advocate for the State respondents.

(2.) IN this petition, the petitioner has challenged the impugned termination order dated 25.08.2008 issued by the Director, Rural Development Department, Government of Arunachal Pradesh, Itanagar, and has prayed for setting aside the same inasmuch as the termination order was issued without initiating departmental proceeding against him.

(3.) MS. G. Deka, learned Addl. Senior Government Advocate appearing for the State respondents, submits that the petitioner's service was never regularized for his irregularities and he was working as Chowkidar on temporary basis and as such, no departmental proceeding was required to be initiated for removing him from service. In the present case, according to MS. Deka, the provision under Rule 5 of CCS (Temporary Service) Rules, 1965, is applicable and the petitioner has been legally terminated under the said Rules.