Ashok Bhushan, J. - (1.) Heard Sri D.K. Misra, counsel for the appellant and Sri Ran Vijai Singh, Standing counsel appearing for the respondents.
(2.) This special appeal has been filed challenging the judgement dated 19.11.1997 of learned Single Judge in writ petition no. 37249 of 1991 (Anil Kumar Tiwari v. Executive Engineer and another) . By the aforesaid judgement learned Single Judge dismissed the writ petition filed by the appellant.
(3.) Brief facts giving rise to this special appeal are, the appellant (hereinafter referred to as petitioner) filed the writ petition challenging the order dated 7th December, 1991 by which appointment of the petitioner as Part time tube well operator was cancelled. Petitioner's case in the writ petition was that petitioner is resident of village Taran Tarni. He applied for appointment as Part time tube well operator. According to relevant orders governing the appointment of part time tube well operator, it was required that tube well operator must belong to village where tube well is situate and if command area of tube well is more than one village then the person of nearest village will be given preference. The petitioner claiming himself to be resident of village Taran Tarni applied for being appointed as part time tube well operator. The petitioner filed a domicile certificate and was appointed as part time tube well operator in the year 1987. The Sub Divisional Officer, Chail sent a letter dated 8 September, 1988 that petitioner is not permanent resident of village Taran Tarni. A show cause notice dated 14 February, 1991 was issued to the petitioner by Executive Engineer stating that petitioner was appointed on basis of his application in which he claimed himself to be resident of village Taran Tarni. It was stated that petitioner gave wrong information regarding his residence and obtained appointment order. The petitioner was asked to show cause within fifteen days failing which necessary action be taken against the petitioner. The petitioner submitted a reply denying the allegation and claimed that he is resident of village Taran Tarni. By order dated 7th December 1991 his appointment as part time tube well operator was cancelled on the ground that he is not permanent resident of village Taran Tarni. Consequently direction was issued to relieve him from his duties as part time tube well operator. The petitioner filed writ petition against the said order dated 7th December, 1991 in which counter affidavit was filed on behalf of the respondents by Assistant Engineer. One Rajendra Singh also got himself impleaded as respondent no. 3 in the writ petition. Learned Single Judge vide his judgement dated 19th November, 1997 has dismissed the writ petition of the petitioner. Learned Single Judge rejected both the submissions of counsel for the petitioner. Learned Single Judge has stated that the order was passed after giving opportunity to the petitioner and the claim of the petitioner regarding violation of Article 16 of the Constitution of India is unfounded. Against the said judgement dated 19th November, 1997, the present special appeal has been filed by the petitioner.;