Markandey Katju, J. - (1.) THE petitioner is a secretary of a Co -operative Society. He was suspended on 28 -4 -1988 on allegation of misconduct. He challenged the aforesaid suspension order by Jivdhan v. Member Secretary, District Administrative Committee, W.P. No. 12580 of 1988 in which the suspension order was stayed by this Court on 13 -7 -1988 (Annexure -2 to the writ petition). Thereafter the suspension order was withdrawn on 12 -7 -1988, but again on 27 -7 -1988, he was suspended. He thereafter challenged the second suspension order by another Jivdhan v. Member/Secretary, District Administrative Committee, W.P. No. nil of 1988 which was disposed of by this Court on 30 -11 -1988 in which the petitioner was directed to make representation to the Chairman of the District Administrative Committee. The District Administrative Committee vide order dated 3 -12 -1988 quashed petitioner's suspension. Thereafter the petitioner's service was terminated by the impugned order dated 17 -4 -1989 (Annexure -1 to the writ petition). Learned counsel for the petitioner Shri S.S.L. Srivastava, stated that no opportunity of hearing was given to the petitioner before passing the impugned termination order dated 17 -4 -1989. This fact is not disputed by the counsel for the respondents. Admittedly, no charge sheet was given to the petitioner. It is welt settled law that whenever a termination order is passed on allegations of misconduct, the employee is entitled to get an opportunity of hearing, otherwise, the termination order will be in violation of the principles of natural justice.
(2.) IN the present case, a perusal of the impugned order (Annexure -1 to the writ petition) coupled with the surrounding circumstances, i.e. suspension orders, clearly show that the termination order is based on allegations of misconduct. Hence, it was necessary to given an opportunity of hearing to the petitioner before terminating his services. In the circumstances, the impugned termination order dated 17 -4 -1989 is quashed. There is no order as to costs. A certified copy of this order may be given to the counsel for the petitioner on payment of usual charges within a week.;