- (1.) R. B. Misra, J. Heard Sri Indra Raj Singh learned counsel for the petitioner and Sri Rakesh Bahadur learned counsel for the respondents.
(2.) IN this petition, the order dated 4-1-90 (Annexure-2 to the writ petition) terminating the service of the petitioner by an order of simplicitor has been challenged. It appears that the petitioner is Graduate and by virtue of having essential qualification for the appointment of Safai Hawaldar made an application and the Chairman, Nagar Palika, Varanasi issued an appointment order dated 22-9-89 (Annexure-1 to the writ petition) and the petitioner by virtue of this appointment order resumed duty and started working. According to the petitioner his work and conduct was satisfactory. On 4-1-1990 the Executive Engineer, Nagar Palika, Varanasi issued an order in reference to the resolution No. 63 dated 2-1-90 terminating the service of the petitioner with immediate effect by an order simplicitor. Learned counsel for the petitioner has submitted that the petitioner was appointed in accordance to the procedure prescribed for and he has served for couple of months and his service cannot be terminated without affording the opportunity of hearing behind his back. The petitioner under bonafide belief, submitted application for appointment and was appointed, therefore, there is no fault on his part even if the appointment was not in consonance to the norms, rules or regulations and the petitioner is not allowed to suffer.
(3.) COUNTER-affidavit has been filed on behalf of the respondents stating that under Section 75 of the Municipalities Act, the Executive Officer is the appointing authority of the employees of the Nagar Palika in respect of the petitioner and since the initial appointment was made by the Executive Officer and not by the Chairman/president of Nagar Palika and the then Chairman/president, Nagar Palika Sri D. B. Singh made as many as 21 illegal appointments wholly on extraneous consideration and when the complaints were made about the irregular appointments, the State Government got an inquiry conducted and after providing the opportunity of hearing the then Chairman held guilty to the charges levelled against him and the then Chairman was removed. In order to restrain illegal appointments and to misuse the power of Chairman of the Nagar Palika, the State Government issued a notification dated 28-5-88 indicating that not to make any appointment without prior permission of the State Government. While the above G. O. dated 28-5-88 was persisting and the Executive Officer in the said Nagar Palika was functioning yet the said Chairman issued the said appointment order dated 22-9-1989 illegally. Since the Chairman/president of Nagar Palika had made an appointment which was void and illegal, therefore, in reference to the resolution to the Board of the Nagar Palika the said order dated 4-1-1990 was passed for which the opportunity of hearing was not necessary to be given. In the rejoinder affidavit futile endeaverance has been made to controvert the contents of the counter-affidavit and to reiterate the averments made in the writ petition.;