- (1.) This is a petition under Article 226 of the Constitution for the quashing of the order dated 28-7-1974 issued by the Director, Harijan and Samaj Kalyan, Uttar, Pradesh terminating the petitioner's services as Junior clerk.
(2.) The petitioner was employed as a Junior Clerk in the office of the District Harijan and Samaj Kalyan Adhikari, Etah, on 28-1-72 in temporary capacity. The terms and conditions of his services were regulated by the Government notification dated 30-1-1953. It appears that the District Harijan and Social Welfare Officer was not happy with the petitioner's working. On 2-3-1974 the District Harijan and Social Welfare Officer directed the petitioner to submit his explanation in regard to the loss of certain papers and file with a direction that if the petitioner failed to submit his explanation proceedings would be taken against him for removing official records. In his explanation the petitioner alleged that on account of certain other reasons the District Harijan and Social Welfare Officer was personally annoyed with him and as such false grounds were created to harass him. On 3-5-1974 the District Harijan and Social Welfare Officer again required the petitioner to submit his explanation with regard to certain complaints made to him. The petitioner submitted his explanation and denied the allegations. On 13-5-1974 the District Harijan and Social Welfare Officer again called for an explanation from the petitioner as to why he remained on leave. The petitioner submitted his explanation saying that his son was seriously ill and in that connection he had to leave for Agra immediately and for that purpose he had applied for two days leave and as the leave was due and the condition of his son was deteriorating, he had to leave all of a sudden.
(3.) The District Harijan and Social Welfare Officer sent a demi official letter to the appointing Authority viz., Director of Harijan and Sopial Welfare, Uttar Pradesh. In his letter he stated that the petitioner's work and conduct was not satisfactory and in support of his contention he referred to five different allegations against the petitioner which alleged that the papers which are sent to the petitioner for taking further steps are generally kept under the files and no action is taken. Secondly, it was alleged that certain note-sheets of files had been removed by the petitioner. Thirdly it was alleged that the petitioner has not been behaving in a proper manner with students belonging to scheduled caste. Fourthly, it was alleged that the petitioner had gone away from office without obtaining prior sanction of leave. Lastly it was alleged that the petitioner had not been submitting monthly statement regarding expenditure. It was further alleged that the petitioner had been given warning but that had no effect on him. The explanations were called for and the same were not found satisfactory. The District Harijan and Social Welfare Officer recommended that the petitioner's services may be terminated and some other person may be posted.;