Dilip Gupta, J. - (1.) This writ petition has been filed for quashing the order dated 7th August, 1997 passed by the Mukhya Nagar Adhikari, Kanpur Nagar Nigam, Kanpur (hereinafter referred to as the 'Nagar Nigam') by which the services of the petitioner who was working as a temporary Sweeper have been terminated.
(2.) The petitioner was appointed as an ad hoc temporary Sweeper in the Nagar Nigam by the order dated 8th April, 1997 with the clear stipulation that the services were purely temporary in nature and could be terminated at any time without notice. On the basis of the aforesaid appointment order, the petitioner joined his duties on 12th April, 1997 but by the order dated 7th August, 1997 the temporary services of the petitioner were terminated since on enquiries it was found that his appointment had been made on the basis of incorrect facts and was, therefore, void ab initio.
(3.) A counter affidavit has been filed on behalf of the Nagar Nigam pointing out that on 26th April, 1989 the petitioner had given an application for being appointed as a Sweeper but he was not selected for appointment. Subsequently the petitioner filed an application dated 7th September, 1993 representing that appointment may now be given to him on the basis of the earlier application dated 26th April, 1989. The Authorities found that his name was at serial No. 148 in the waiting list and so he was given appointment by the order dated 8th April, 1997 but when enquiry was made it was found that his name had been subsequently incorrectly inserted at serial No. 148 in the waiting list. Therefore, as soon as this fact came to the notice of the Authorities, the termination order dated 7th August, 1997 was passed.;