JUDGEMENT
B.D.Agarwal, J. -
(1.) These petitions give rise to common questions. The petitioners were employees of the U.P. State Handloom Corporation Limited (hereinafter referred to as the corporation) a Government Company. They were temporary some of them were placed on probation. On receipt to certain complaints, preliminary enquiry was held. This was followed by orders of termination of their services simpliciter. Certain other details may be considered relevant:-
I. Namwar Singh Yadav (the petitioner in Civil Miscellaneous Writ Petition No. 2822 of 83) was appointed Assistant Project Officer in the Corporation by order, dated October 16, 1980, and placed on probation of six months in the first instance. The terms and conditions of employment provided that his services were liable to terminal ion without notice if his work was not found satisfactory. An administrative enquiry held into the working of the Production Centre, Mahoba, brought to light serious irregularities and mismanagement on his part. By order dated January 25, 1983, supplemented by order dated January 25, 1983, supplemented by order dated March 11, 1983, the petitioners' services were terminated on three months pay in lieu of notice. The preliminary enquiry was conducted by the Senior Divisional Manager (Project) (U. S. Tewari), Siya Ram Misra (petitioner in Civil Miscellaneous Writ Petition No. 2984 of 1983) was appointed production Assistant Grade II on temporary basis with effect from May 1, 1979. At the relevant time he was posted as in charge production Centre, Mahoba. Preliminary enquiry conductedby the Senior Divisional Manager (Project) (U.S. Tewari), a for mentioned, revealed that along with Rajendra Singh Chauhan this petitioner used to purchase sub-standard tricot clothes and controlled dhotis from weavers and misappropriate good quality of yarn issued to them for being given to weavers for the manufacture of cloths and dhotis respectively. The services were terminated by order dated February 10, 1983. On one months' pay in lieu of notice. The same is the story relating to Rajendra Singh Chauhan, who is the petitioner in Civil Miscellaneous Writ Petition No. 3033 of 83. Appointed on May 22, 1979, as production Assistant II, he was production centre In charge, Rath, district Hamirpur. The Preliminary enquiry aforementioned was followed by the order dated January 25, 1983 terminating his services on one month's pay in lieu of notice. Siddiqu Ahmad (petitioner in Civil Miscellaneous Writ Petition No. 3032 of 83) appointed as production Assistant Grade 11 on March 26, 1981. was terminated on January 25, 1983 in consequence of enquiry held by U. S. Tewari aforesaid, which was submitted on December 16, 1982, and at the relevant time this petitioner was posted at the Production Centre, Ranipur. It was revealed during the course of this enquiry that he maintained three parallel cash books and had dabbled in accounts during the period he was in charge.
II. Ram Pher Pandey (petitioner in Civil Miscellaneous Writ Petition No. 3421 of 83) joined as Production Assistant Grade II with effect from December 1, 1980. He was posted at the Production Centre, Kunda, district Pratapgaih. On complaints received preliminary enquiry was conducted by a Committee, which included P. N. Dixit, Officer on Special Duty (Production), who has also filed his affidavit in reply. The enquiry revealed misappropriation on a large scale on the part of this official in collusion with R. K. Misra, as a result whereof the services of the petitioner were terminated by order dated January 10, 1983, on one month's pay in lieu of notice in terms of the conditions of his appointment. Ravindra Kumar Misra (petitioner in Civil Miscellaneous Writ petition No. 7105 of 1983) was selected as Production Assistant on October 30, 1976. His services were temporary and liable to termination on one month's notice or pay in lieu thereof. On April 15, 1977, he was promoted as Production Superintendent and on April 1, 1981, he was made Deputy Production Manager, Kunda region. Upon the preliminary enquiry held by the Committee, referred to above, his services were terminated on February 10, 1983, on one month's pay in lieu of notice. Earlier he had been placed under suspension by order dated November 22, 1982, which however, was revoked on February 1, 1983.
III. In Civil Miscellaneous Writ Petition No. 8300 of 1984 the petitioner Rajendra Kumar Chaube was appointed Depot Manager, Yarn Sales Depot, Ghazipur, by order dated October 3, 1980. He was on probation for one year and terms of appointment provided that if he was not found up to mark during probation, the same could be dispensed with without assigning any reason at any time without notice. Following news item dated March 20, 1984, certain charges were drawn against him on March 22, 1984, to which he submitted explanation dated March 26, 1984. Preliminary enquiry was conducted by S P. Misra, Marketing Manager, and as per report given by him dated April 21, 1984, it came to notice that the petitioner had been responsible for purchasing yarn on be hall of the Corporation from unauthorised dealers. The services were terminated by an order simpliciter dated May 1, 1984, on one month's pay in lieu of notice."
(2.) Aggrieved against the termination of their services the petitioners have approached this Court under Article 226 of the Constitution.
(3.) Learned counsel raised two-fold contentions in support of these petitions. It was urged in the first place, that the orders impugned are discriminatory and consequently hit by Article 16 of the Constitution. Secondly, it was argued that there was breach of the principle of natural justice. It is undisputed that there is no question of invoking Article 311 of the Constitution in these cases.;