HAMID KHAN Vs. STATE OF M P

JUDGEMENT

(1.) IN the case of State of Orissa and Ors. v. Gangaram Chhapolia and Anr. , AIR 1982 Orissa 277, R. C. Patnaik, J. (as His Lordship then was), speaking over the plight and the anguish of the State of Orissa stated in Paragraph 7 as under :

(2.) THE purpose of quoting the aforesaid judgment has a definite and indubitable relevance to the case at hand. As far as first part is concerned there may not be a racket relating to arbitration but there can be no doubt that in certain circumstances the authorities have taken recourse to the habit of led back and adopted an attitude that exhibits total non emphathetic attitude towards service holders. The non concern has reached its Zenith inasmuch as this Court has noticed that disciplinary proceedings have continued for more than seventeen years and in certain cases the Disciplinary Authority after receiving the report of the Inquiry Officer has passed the order of punishment after ten years. I am conscious that these facts are not reflected from the present petition but notice can be taken note of the aforesaid as they have formed part of many any order of this Court on many an occasion. Hence, the question, how long one can remain in slumber ?

(3.) THE poignant question being, put presently I shall deal with the factual expose, which do not need much adumbration, for the simple reason there is nothing to be filtered. The petitioner was appointed as a Generator Operator in the work charged establishment on 542-83 vide Annexure A-l. The said appointment was under Kolar Project Division, Bhopal which at the time of issuance of order was under the Department of Irrigation and as presently come under the Water Resources Department. Early years of the 1980s merged into 90s and then came the second millennium year. Everything was as it is. The petitioner enjoyed the status as conferred on him and the efflux of time did not create any kind of dent in his career. But as a bolt from the blue an order visited him on 11-6-2002 vide Annexure A-2 passed by Chief Engineer, Water Resources Department terminating his services. A free translation of the said order reads as under :