- (1.) HEARD Ms. Anupama Parashar, learned counsel appearing on behalf of the petitioner. List revised. No one appears on behalf of the respondent.
(2.) THE petitioner was working as Pump Attendant. The services of the petitioner has been terminated by order of the Chairman, Nagar Panchayat, Jewar, Gautam Budh Nagar, annexure-CA-1 to the counter affidavit and the said order has been communicated to the petitioner by Executive Officer, Nagar Panchayat, Jewar, Gautam Budh Nagar vide letter dated 18.03.1998, annexure-1 to the writ petition, which is impugned in the present writ petition. The inquiry report is annexed as annexure-CA-2 to the counter affidavit. From the perusal of the inquiry report and the termination order it appears that the services of the petitioner has been terminated on the ground that at the time of inspection dated 22.05.1997 at about 10.05 p.m. the petitioner was found absent from duty. The petitioner explained that his duty was from 8.00 p.m. to 8.00 a.m. for twelve hours and when the inspection was made, he had gone to Pappu Hotel for taking food as the power supply was off and when the power supply was restored, he immediately rushed. The explanation of the petitioner has not been accepted. An inquiry was initiated, in which the petitioner participated. It appears that the inquiry officer submitted the inquiry report to the Chairman and the Chairman on the basis of the inquiry report, passed the termination order on 18.03.1998.
(3.) THE contention of the petitioner is that the petitioner has not been provided the copy of the inquiry report and before passing the termination order, no show cause notice has been given therefore, the termination order is bad in law. She further submitted that the Executive Officer is the appointing authority and the order passed by the Chairman terminating the service of the petitioner, is without jurisdiction.;