PRADEEP KUMAR SINGH BAGHEL,J. - (1.) The writ jurisdiction of this Court under Article 226 of the Constitution is invoked against the order dated 25.1.2014 passed by the District Judge, Bijnor, the third respondent whereby the petitioner's services have been terminated.
(2.) The factual matrix of this case is in a short compass. The petitioner was initially appointed as Orderly in the District Judgeship, Bijnor vide order dated 25.8.2003. Later, he was transferred to Outline Court, Nagina on 12.8.2013 and deputed as Chowkidar. It was also mentioned in his transfer order that he shall be on duty in the night.
(3.) The petitioner joined at Nagina and had been performing his duties as Chowkidar. A complaint was made against him by the Deputy Nazir, Munsif Court, Nagina that he was found absent at 11:45 PM on 2.9.2013. It was also mentioned in the report/ complaint that after half an hour at 12:15 AM he was again called but he did not turn up at the gate, so it was presumed that the petitioner was sleeping and he was negligent in performance of his duties. On the said complaint, a show cause notice was issued to him. The petitioner submitted his reply on 6.9.2013 denying the allegations made in the show cause notice. He has stated that there is huge premises of the court and he takes round of the entire premises and building.;