R.K.Shukla, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by Shri Vachaspati, petitioner against the Chairman. Board of Revenue, U.P. and the Collector, Dehradun, praying for an appropriate writ, order or direction quashing the impugned orders dated 21-3-1971 and 31-3-1971 (Annexures XII and XIII), being illegal, unconstitutional and violative of Articles 14, 16, 19 and 311 of the Constitution of India.
(2.) The facts giving rise to the present petition are that the petitioner was appointed as a peon under Amin, Bhumi Bhavan Kar, Mussoorie, a temporary department, by the Additional Collector, Dehradun in the year 1965. On 10-8-1968 the petitioner was promoted as Collection Amin by the District Magistrate, Dehradun. About two years later Naib Tahsildar, Mussoori made a report dated 9-10-1970 in respect of some embezzlement of collections made by the petitioner. He was suspended from the service on 26-10 1970 by the District Magistrate, Dehradun. A charge sheet dated 5-4-1971 was served on the petitioner and disciplinary proceedings commenced against him. Since the petitioner was under suspension the subsistence allowance as payable under rules was duly paid to him, until 30-4-1971.
(3.) Later on in pursuance of the Board of Revenue's order No. 1948-200/6 BBK-1/71 dated 26-3-1971, one month notice was issued by the District Magistrate, Dehradun on 31-3-1971 to all the staff, including the petitioner, working in the realisation of Bhumi Bhavan Kar, terminating their services with effect from 30-4-1971. This notice is annexed as Annexure XII with the petition and as GA I with the counter affidavit, filed on behalf of the opposite parties. In addition to the aforesaid common notice, termination order dated 31-3-1971 issued to the petitioner contained the following ; "But departmental proceedings will be continued. From 1-5-1971 no subsistance allowance will be paid to you.";