- (1.) HEARD Mr.Prabhat Kumar, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has challenged the order dated 15th of February, 2013 (Annexure No.1) issued by the District Panchayat Raj Officer, Barabanki.
(3.) BY means of order impugned the petitioner has been terminated from service in exercise of power provided under the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (in short Rules, 1975). The learned counsel for the petitioner submits that the order of termination is punitive in nature as the same is supported with the several allegations levelled against the petitioner, which require inquiry, however, the same has not been conducted, therefore, it is vitiated in law. In reply the respondents through the counter affidavit have submitted that the inspection team visited the spot on 27.9.2012. At the time of inspection the petitioner was found absent from duty. The team also recorded the statements of villagers, who stated that the petitioner had been continuously absenting himself from duty for the last several months. The road and drains of the said Gram Panchayat were found much dirty. Thus, the petitioner's services having been found unsatisfactory, he has been terminated from service under the Rules, 1975.;