- (1.) By means of this writ petition, the petitioner has challenged the orders dated 16.7.2007 and 30.4.2008 passed by the Deputy Commandant General Home Guards, Heard Quarter Lucknow. In brief the facts giving rise to this petition are as under:-
(2.) The petitioner is a Home Guard. During the course of her assignment she was involved in a criminal case vide case Crime No. 153/2000, under sections 498A, 304B IPC and 3/4 Dowry Prohibition Act P.S. Aminabad, District Lucknow, in which she was convicted on 28.3.2007. Initially she was suspended on her conviction and thereafter her services were terminated by the impugned order. By means of this petition, it is prayed that the said order be quashed because the impugned orders are in contravention of Article 311 of the Constitution of India because no enquiry, whatsoever, has been conducted by the opposite parties against the petitioner and without affording any opportunity of hearing, her services have been terminated.
(3.) Learned Counsel for the opposite parties has submitted that it is the confidence of the employer on his employee, on the basis of which an employee can be terminated or retained in service. Once the confidence of the employer is gone for sufficient reasons than natural consequence would be to terminate his services. He has placed reliance on the pronouncement of the Hon'ble Apex Court in the case of Divisional Controller, KSRTC v. M.G. Vittal Rao (,.;