- (1.) Heard Sri Paras Nath Singh, learned counsel for the petitioner and learned Standing Counsel.
(2.) The petitioner was appointed on the post of Sports Organizer by the Deputy Director, Harijan Evam Samaj Kalyan Vibhag on 03- 06-1986 and consequent to the appointment, he resumed duty. However, later on, by an order dated 09-02-1987, the Director Harijan Evam Samaj Kalyan Vibhag, took a decision to terminate petitioner's services and in consequence thereof, the Deputy Director, Harijan Evam Samaj Kalyan Vibhag,Varanasi had terminated his services vide order dated 25-02-1987. Learned counsel for the petitioner has submitted that the impugned order does not indicate as to what illegality was committed during the course of appointment, thus, the impugned order is liable to be quashed.
(3.) According to the petitioner, he was appointed on the post of Sports Organizer in pursuance of an advertisement which was published in the daily newspaper "Janvarta, in May,1986. The post was under the jurisdiction of the Deputy Director, Harizan and Social Welfare, Varanasi. He applied for the said post. His interview was held on 20-05-1988 by the Selection Committee, which was constituted for the said purpose having Deputy Director, Harijjan & Social Welfare, Varanasi Division, Varanasi as its Chairman and District Harijjan & Social Welfare Officer, Mirzapur and District Probation Officer, Varanasi as the members of the Selection Committee. The petitioner was found fit and selected to be appointed on the post of Sports Organiser. The appointing authority was Deputy Director of Harijjan & Social Welfare for the said post. The order of the appointment of the petitioner was issued by the Appointing Authority on 28-05-1986. The true copy of the order of appointment of the petitioner has been filed as Annexure No. 1 to the writ petition. The appointment of the petitioner was made on a clear vacant post in a substantive capacity. After receiving the appointment order, the petitioner joined on 03-06-1986. The work and conduct of the petitioner on the post of Sports Organiser have been thoroughly satisfactory and excellent and no adverse remark ever has been made against the petitioner by any senior officers under whom he worked. The services of the petitioner have been terminated vide order dated 25-02-1987. Copy of order of termination order has been filed as Annexure No. 3 to the writ petition. Before passing of such an order, the petitioner was not given any opportunity to defend his case. Thus, the order of termination is in gross violation of principles of natural justice and violative of Article 311(2) of the Constitution of India. The order of termination is arbitrary, illegal and void ab-initio as the same has been passed by the appointing authority without applying his mind. The petitioner has a legal right to continue on the post on which he has been appointed. The petitioner is still holding the charge of the said post at Ballia. The appointment of the petitioner was made by the Deputy Director, opposite party no. 4. The cancellation of the appointment order is made by the Director, opposite party no. 3. On the basis of cancellation of the appointment order, the termination order dated 25-02-1987 was passed by the Deputy Director. According to Sewa Samapiti Niyamawali 11th June, 1975, only the termination order can be passed by the appointing authority. Here, the termination order of the petitioner was passed without jurisdiction. The Deputy Director did not apply his mind. The first writ petition filed by the petitioner was disposed of by this court on the ground that the petitioner had an alternative remedy before the U.P. Public Services Tribunal. Thereafter, the petitioner filed a reference under section 4 before the U.P. Public Services Tribunal. The reference was admitted and the stay application was rejected on the ground that the Tribunal had no jurisdiction to pass the stay order. The Reference No. 174/F/VI of 1987 is now pending before the U.P. Public Services Tribunal No. 4, Lucknow, hence this writ petition.;