R.R.K. Trivedi, J. - (1.) IN this writ petition, a counter -affidavit has already been filed by the respondent No. 2. I have heard learned counsel for the petitioner and Sri V.D.O. Jha learned counsel appearing for respondent No. 2 and learned Standing Counsel. All the learned counsel are agreed that this writ petition may be disposed of finally at this stage. The facts giving rise to this writ petition are that the petitioner was initially appointed as a daily wager vide order dated 9th July, 1990. The order is Annexure -1 to the writ petition. Subsequently, by order, Annexure -2 to the writ petition, petitioner was regularised on his post of peon with effect from 22nd January, 1991. The petitioner was working as a regular employee of the Town Area Committee, Mandu, District Aligarh. However, by order dated 21st September, 1991, Annexure -5 to the writ petition, petitioner's services were terminated with immediate effect in pursuance of the order dated 9th September, 1991, passed by District Magistrate. A copy of the order dated 9th September, 1991 has been annexed alongwith the counter -affidavit filed on behalf of Town Area. From the order dated 9th September, 1991, it appears that some complaint was made to the District Magistrate, Aligarh and an enquiry was conducted by Sub -Divisional Magistrate on these complaints and on that basis a report was submitted on 22nd July, 1991 and it was recommended that the services of the petitioner and one more employee be terminated immediately as the appointments are in contravention of the Government Order. The respondent No. 2 was directed to terminate the services of the petitioner within a week under the aforesaid order of 9th September, 1991. Thereafter it was in pursuance of this order, the impugned order, Annexure -5 to the writ petition, was passed and the petitioner's services were terminated. It is not disputed that the petitioner's services as peon were regularised and he was serving there since July, 1990. As services were regularised, he cannot be deprived of his job without an opportunity of hearing even if his appointment was in contravention of any Government Order. The District Magistrate as well as Chairman Town Area were wholly unjustified to pass orders terminating petitioner's services without giving him an opportunity of hearing. The impugned order Annexure -5 to the writ petition, passed by respondent No. 2 and the order dated 9th September, 1991, passed by District Magistrate, Aligarh are liable to be quashed, on this serious legal infirmity.
(2.) FOR the reasons recorded above, the writ petition is allowed. The order dated 21st September, 1991, passed by Chairman, Town Area Committee, Mandu, Aligarh and the order dated 9th September, 1991, passed by District Magistrate, Aligarh are hereby quashed. The petitioner shall be deemed to be in service and shall be paid his salary in accordance with law. It is, however, made clear that if the appointment of the petitioner was in contravention of any Government order, it shall be open to the respondents to make a fresh enquiry and pass a fresh order after giving full opportunity of hearing to the petitioner. There will be no order as to costs. Let a certified copy of this order be given to the learned counsel for the parties on payment of usual charges within three days.;