ASHOK KUMAR Vs. PUNJAB STATE

JUDGEMENT

(1.) Petitioner were appointed Octroi Clerk in November, 1975 vide Resolution dated 30.10.1975 for a period of two months. They continued working on adhoc basis thereafter but with a break in service of one or two days after every 89 days. Vide Resolution dated 3.9.1977 the petitioner were confirmed. Thereafter vide impugned order Annexure P4, Administrator, Municipal Committee, Ferozepur, terminated the services of the petitioners on 9.12.1977.

(2.) Without going into the merits of the case to the effect whether the order of confirmation was communicated and the resolution effecting confirmation stood exhausted by its implementation, learned counsel for the appellants contends that order Annexure P4 vide which services of the appellants were terminated without holding any enquiry or issuing show cause notice, consequently the same being in violation of principles of natural justice are liable to be set aside.

(3.) We are of the considered view that reading of the impugned order in its totality makes out that the resolution confirming the appellants was set aside on the ground that the same is irregular and illegal. The Municipal Committee acted in undue haste to show favourtism which was against the interest of Municipality. The order is punitive in nature having been passed without affording an opportunity of hearing to the appellants. We may further observe that the order of termination is not a speaking order inasmuch as nothing has been pointed in the order. What irregular and illegal act has been committed by the Municipal Committee while confirming the appellants.