D.S.SINHA, J. - (1.) HEARD Sri S.A. Gilani, learned Counsel appearing for the petitioner and Sri V.N. Agarwal, learned Standing Counsel of the State of U.P., representing the respondents.
(2.) INSTANT writ petition under Article 226 of the Constitution of India is directed against the order and judgment of the U.P. Public Service Tribunal -I, Lucknow, the Respondent No. 2, dismissing the claim petition of the petitioner filed under Section 4 of U.P. Public Services (Tribunal) Act, 1976 and upholding the validity of the order dated 3rd June, 1984 passed by the Collector, District Banda, the Respondent No. 3, whereby the services of the petitioner had been terminated. The relevant facts as they emerge from the record are these : The petitioner was appointed as peon on the recommendation of the Selection Committee and with the approval of the Collector, Banda and deputed under the control of the Public Prosecutor, Karvi, vide order dated 9th September, 1982, a copy of which is Annexure 1 to the petition. The work and conduct of the petitioner according to the respondents was not found to be satisfactory in as much as there were several complaints in connection with performance of his duties. Indeed the Public Prosecutor under whose control the petitioner was serving had submitted the reports expressing dissatisfaction about the work and conduct of the petitioner and even recommending the termination of his service on payment of one month's salary. Eventually, by means of the order dated 3rd June, 1984, a copy of which is on record and Annexure 4 to the petition, the services of the petitioner were terminated.
(3.) FEELING aggrieved by the order of termination of services dated 3rd June, 1984, after lapse of more than two years, on 9th October, 1986, the petitioner filed the claim petition before the Respondent No. 2.;