- (1.) HEARD the counsel for the appellants Sri Sudeep Seth and Sri Ganga Singh for respondent no. 1.
(2.) THOUGH respondent no. 3 has been duly served but he has not chosen to appear. This special appeal by the Executive Officer, Nagar Palika Parishad has been filed assailing the order passed by the learned Single Judge dated 29.10.09, by means of which the termination order of the respondent no. 1 has been set aside and he has been directed to be reinstated into service forthwith with all consequently benefits.
(3.) THE respondent no. 1 was engaged as tractor driver on consolidated wages of Rs. 1500/- per month vide order dated 1.1.06. He was disengaged/his services were terminated vide order dated 8.11.06 passed by the Executive Officer. The learned Single Judge has allowed the writ petition on the sole ground that the respondent no. 1 was appointed by the Executive Officer, who was otherwise also, the appointing authority of the post of driver but his services have been terminated on the directive of the Adhyaksha, Nagar Palika Parishad i.e. his superior officer and, therefore, the termination of service is bad, the same having not been issued by exercise of independent discretion of the appointing authority. To keep the record straight it would be appropriate for this Court to mention that, in fact, the respondent no. 1 was appointed by the Administrator and not by the Executive Officer. This fact is evident by the application that he had moved of his own before the then Administrator on 31.12.05 stating therein that he was having a licence of driving truck and that he was willing to perform the said job of driver, whose services were required in the Nagar Palika Parishad. This application was addressed to the Administrator and on this application, the Executive Officer made recommendation for his appointment/engagement and consequently the Administrator appointed the respondent no. 1 on the said post. ;