Om Prakash, J. - (1.) BY the order dated 20th November, 1985 (Annexure III to the petition) the services of the petitioner were terminated, which order is sought to be quashed by the petitioner in this case. The contention of the petitioner is that he was confirmed by the order dated 8th May, 1978 (Annexure II to the petition), as he was at serial No. 86 of the confirmation list. In paragraph 4 of the petition, it is clearly averred by the petitioner that he was confirmed on the post of Basic Health Worker. The averments made in paragraph 4 of the petition is accepted in paragraph 8 of the counter -affidavit.
(2.) THE only question for consideration is whether an order of termination simpliciter can be passed in the case of a confirmed employee. Unlike a temporary employee who does not have a right to hold the post and whose services can be terminated by an order of termination simpliciter, services of a confirmed employee who does have a right to hold the post, cannot be terminated in that summary manner. Learned Standing Counsel says that appropriate warnings were given to the petitioner before terminating his services and, therefore, he was given proper opportunity before passing the impugned order. This submission is not at all sustainable. Article 311(2) of the Constitution clearly states that no member of a Civil Service shall be dismissed or removed except after an enquiry in which he has been informed of the charges levelled against him and given a reasonable opportunity of being heard in respect of those charges. It, therefore, follows that there should be an enquiry and the delinquent should be informed of all the charges and he must be given an adequate opportunity of being heard into those charges. Inasmuch as no enquiry officer was appointed and no enquiry was made under any rules, the impugned order dated 20th November, 1985 (Annexure III to the writ petition) is liable to be quashed. In the result, the petition succeeds and is allowed. The order (Annexure III to the petition) terminating the services of the petitioner is quashed and the respondents are directed to treat the petitioner in continuous service as Basic Health worker all through and pay him all the emoluments and other benefits, privileges etc. he is entitled to.;