NANDITA DUBEY, J. - (1.) Petitioner takes exception to the Order dated 19.01.2017 passed by respondent No.2 whereby he was terminated from his service.
(2.) Petitioner, an ex-army man, having retired from the army on 31.07.2013, was appointed on the post of Assistant Grade-III on probation for a period of 2 years in District Sainik Kalyan Office,Sagar vide order dated 07.04.2015 (Annexure P/3). He worked as a Clerk in M.P. Bhootpoorva Sainik Kalyan Samiti, Sagar and performed the work of audit. As per petitioner, a false criminal case under Sections 341, 294, 327, 506 Part-II of IPC was registered against him, however, he was acquitted by the judgment dated 08.05.2017 passed in Criminal Case No. 4704199/16. The respondents, without affording any opportunity of hearing or giving show cause notice, terminated his services vide the impugned order.
(3.) It is contended by Shri Siddharth Sharma, learned counsel for the petitioner that probation is like a temporary service also entitled to certain protection. Therefore, services of the petitioner could not have been terminated arbitrarily without complying with the principles of natural justice. He has placed reliance on a decision of Supreme Court in case of V.P. Ahuja v. State of Punjab and others reported in (2000) 3 SCC 239 .;