NALINI RAJAN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed under Articles 226 and 227 of the Constitution of India by Nalini Rajan Sharma ex-Surveillance Inspector Haryana Government, at present residing at Nilokheri, district Karnal, for the issuance of an appropriate writ, order or direction to quash the impugned order dated 14th May, 1968, of the Director Health Services Haryana. whose copy is Annexure A-1, attached to the writ terminating his services as Surveillance Inspector.

(2.) The facts of this case are that the petitioner qualified from All India Institute of Local-Self Government, Bombay as Sanitary Inspector and obtained a diploma from that Institute in January, 1966, and he was selected by the Subordinate Services Selection Board, Punjab, as Malaria Inspector and was recommended to the Director Health Services Punjab for appointment. The Director Health Services vide order dated 24th August, 1960, appointed him as Malaria Inspector in grade of Rs. 80-5-110/5-175, and he joined the service at Palampur on 2nd September, 1960. He also worked as Malaria Inspector and also as Surveillance Inspector in the Health Department at Karnal. Gurgaon,. Hodal, Narnaul and other places and on the reorganisation of the State of Punjab he was allocated to the State of Haryana. By order dated 4th May, 1968, his services were terminated by the Director of Health Services. He filed an appeal against this order which was dismissed by the Secretary Local-Self Government, Haryana on 3rd September, 1970, and the copy of that order is Annexure D to the petition. The petitioner filed this writ petition alleging that the order of termination of the services was mala fide, illegal and unconstitutional as the order had been passed at the instance of Dr. A.C. Mittra, Assistant Director, Malariology Haryana, Chandigarh, that he was not given any opportunity to explain his case and the order is violative of Article 311 of the Constitution of India, that several persons Junior to him were working and his services had been illegally terminated, that no opportunity was given to him explain his case in appeal and the order of rejection of his appeal which is not a speaking order is illegal and bad in law and is liable to be struck down. It was, therefore, prayed that a writ may be issued quashing the orders terminating his services and rejection of his appeal.

(3.) Notice of this petition was issued to the respondents, who in their written statement admitted the facts mentioned in the petition. It was, however, alleged that the appointment of the petitioner was temporary against a temporary post, that has work was found highly unsatisfactory during the terms of his appointments. The copies of the letters of the filed officers commenting on the work and conduct of the petitioner are attached as Annexures C to H. It was averred that the order of termination of services was legal and valid, that there was no substance in his appeal and it was rightly rejected and this petition has no substance and the same may be dismissed.