DEVI PRASAD SINGH,J. - (1.) HEARD learned counsel for the petitioner and Mr. P.K. Sinha, learned counsel appearing for the respondents.
(2.) THE petitioner, a former Watchman of U.P. State Sugar Corporation Limited, has approached this Court under Art. 226 of the Constitution of India against the impugned order of termination dated 25/26.11.1994(Annexure -11). While assailing the termination order, it has been submitted by the petitioner's counsel that the order of termination has been passed on the ground that the petitioner cannot see from left eye and right eye has been impaired. The impugned order also reveals that the petitioner cannot move freely without assistance of other person. Accordingly, a finding has been recorded that being a blind person, he cannot discharge duties of Watchman. In consequence thereof, the services have been terminated.
(3.) THE petitioner's counsel submits that the petitioner was appointed on 1.12.1973 on the post of Watchman at its unit situated at Maholi and since then, he has been continuously discharging duty. It is also submitted that the order of termination has been passed in utter disregard to principle of natural justice without serving a show cause notice or opportunity of hearing. Attention of this Court has been invited to the certificate issued by the Regional Institute of Ophthalmology, Sitapur, according to which, the petitioner is suffering from Glaucoma in right eye but he is fit to discharge duty.;