S.C. Verma, J. - (1.) The State of Uttar Pradesh through the Secretary Home Department and the Commandant, 34 Battalion, P.A.C. Varanasi, had filed the present writ petition under Article 226 of the Constitution challenging the order of U. P. Public Services Tribunal dated 18.1.1993 by which the Claim Petition of ihe respondent No. 1 Chandra Prakash Shahi, has been allowed and the order of termination dated 19.7.1989 has been quashed.
(2.) Assailing the Impugned order, the petitioners have alleged that the work and conduct of respondent No. 1 was not found satisfactory and as such, his services were terminated by order dated 19.7.1989 under the U. P. Temporary Government Servant (Termination of Service) Rules. 1975. The opposite party No. 1 was recruited as a temporary recruit Constable on 1.10.1985 at 34 Battalion P.A.C.. Varanasi and after the respondent No. 1 completed training on 6.9.1986 he was placed as temporary Constable. The petitioners have alleged that the opposite party No. 1 at no point of time was confirmed or given permanent appointment. It has also been alleged that the U. P. Public Services Tribunal committed manifest error of law in holding that the impugned order is by way of punishment based on misconduct and no opportunity was afforded to the delinquent. It is further alleged that the U. P. Public Services Tribunal, erred in holding that the services could be terminated only after conduct of proceedings under Section 7 of the Police Act and the impugned order was founded on the allegation of misconduct on account of his involvement in a quarrel at the Camp at Ghat, Varanasi.
(3.) Relying on the Judgment of State of Uttar Pradesh and another v. Kaushal Kishore Shukla, 1991 (1) SCC 691, it has been submitted that the action of termination has not been taken as a measure of punishment founded on any misconduct but after considering the work and suitability of the petitioner, the services have been terminated in accordance with the Service Rules. It is open for the authorities to take action of punishment against an incumbent for any irregularity or misconduct or to terminate his services under the terms of contract.;