RAM VISHAL SINGH Vs. THE ADMINISTRATOR (COMMITTEE OF MANAGEMENT) AND OTHERS
LAWS(ALL)-1989-9-18
HIGH COURT OF ALLAHABAD
Decided on September 03,1989

RAM VISHAL SINGH Appellant
VERSUS
The Administrator (Committee Of Management) And Others Respondents

JUDGEMENT

- (1.) This petition is directed against the order dated 13-3-1989 by which services of the petitioner, a sales - man in Kabrai Sahkari Sangh Ltd. Distt. Hamirpur has been terminated. It is clear that the petitioner was appointed in the year 1977 by the Committee of Management but his services has been terminated by the Administrator who was appointed in the year 1981, without there being any report against him. This claimed that the working of the petitioner has been satisfactory but his services have been dispensed with because he filed two reports, copies of which have been filed as Annexures - 3 and 4 to the petition. When the petition was presented the petitioner was directed to serve the opposite-parties affidavit of service has been filed. No counter affidavit has been filed. In the circumstances the allegations contained in the petition have to be accepted as correct.
(2.) Even apart from it a person who is continuing in service for 11th years in absence of any allegation that the post has been abolished or the working of the petitioner was not satisfactory, his services can not be terminated. If such action is taken without any rhym and reason then it becomes arbitrary and violative of Articles 14 and 16 of the Constitution. In the circumstances this petition succeeds and is allowed and the order dated 13-3-1987 is quashed. Petition allowed;


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