- (1.) This is a petition under Article 226 of the Constitution of India challenging the validity of resolution No. 11 dated 30-8-1972 abolishing the post of Mechanical Supervisor and the order of the Executive Officer, Cantonment Board, Allahabad dated 30-8-1972 terminating the petitioner's services with immediate effect.
(2.) The Cantonment Board, Allahabad (hereinafter referred to as the Board) created a temporary post of Mechanical Supervisor as an emergency measure and appointed the petitioner on that post in January 1965. On the request of the Board, the General Officer Commanding-in-chief, Central Command granted sanction for the creation of a permanent post of Mechanical Supervisor with effect from March 1967. The petitioner was allowed to hold that post in the scale of Rs. 150-250. The petitioner's main duty was to supervise the working and maintenance of the vehicles of the Board in the Workshop maintained by it. On 23rd November, 1971 the Executive Officer issued an order directing the petitioner to vacate the official quarters occupied by him. The petitioner did not vacate the quarter. The Executive Officer thereupon served a show cause notice on the petitioner on 15-1-1972 calling upon him to show cause as to why disciplinary action should not be taken against him on the charges mentioned therein. The petitioner submitted his reply and contested the charges. Thereafter, no enquiry was held as no Enquiry Officer was appointed and no witnesses were examined and the matter remained pending. On 2nd August, 1972, the petitioner was transferred from the Workshop to the office of the Board under the orders of the Executive Officer and he was again directed to vacate the official quarters which he had not vacated. The petitioner thereupon filed a writ petition in this court (Writ No. 4493 of 1972) and obtained an interim order restraining the Executive Officer and the Board from ejecting the petitioner from the accommodation in dispute. The Executive Officer, however, informed the petitioner by his letter dated 22-1-1972 that the Board had decided to allow the petitioner to resume charge of his post of Mechanical Supervisor in the Workshop but with a warning that the petitioner should be more energetic, careful and resourceful in future while ensuring a better service to the Board's vehicles.
(3.) The facts stated above show that the Board was not happy with the petitioner's work and conduct. On 30-8- 1972, the Board after taking legal advice passed a resolution abolishing the post of Mechanical Supervisor with immediate effect. In pursuance of the Board's resolution, the Executive Officer vide his letter dated 30th August 1972 informed the petitioner that the petitioner's services were no longer required as the Board has abolished the post of Mechanical Supervisor with immediate effect and he was directed to hand over the charge immediately. Aggrieved, the petitioner filed this writ petition challenging the aforesaid resolution of the Board as well as the order of the Executive Officer terminating his services.;