Sukhdev Singh Kang, J. - (1.) (Oral) - By this writ petition under Art. 226 of the Constitution of India, Surinder Kumar Nagpal has sought the issuance of a writ of Certiorari quashing order dated April 5, 1977, by the Excise and Taxation Commissioner, Punjab, whereby the services of the petitioner as an ad hoc Taxation Inspector were terminated.
(2.) Briefly stated the facts of the case as narrated in the writ petition are that the petitioner took a competitive examination conducted by the Departmental Committee of the Excise and Taxation Department for appointment to the posts of Excise Inspector. On the basis of the result of the competitive examination, the petitioner was appointed as a Taxation Inspector on purely temporary and ad hoc basis vide orders dated Dec. 15, 1975. In April, 1976, the petitioner was posted at the Sales Tax Check Barrier, On Feb. 6, 1977, he was on duty. A private bus carrying a marriage party came from the side of Jammu, The petitioner demanded Rs. 360 as passengers' tax from the driver of the bus. The driver insisted that the tax should be charged only as per passenger travelling in the bus and not on the basis of the authorised capacity of the bus. The petitioner issued a receipt for Rs. 360 charged from the bus driver. A gentleman, who claimed himself to be an Inspector-General of Police told the petitioner that he had been paid Rs. 370 and he had issued a receipt of Rs. 360 only. He threatened the petitioner. The petitioner informed his immediate superior about this incident when he came back from leave on Feb. 9, 1977. On the complaint of that gentleman, the Excise and Taxation Officer passed orders of petitioners suspension. Thereafter the orders terminating the petitioner's services were passed on April 5, 1977. (A copy of the same is appended as Annexure P. 4). It is contended in the petition that the petitioner had a good record of service. There was no complaint against him previous to the incident mentioned above. The petitioner was appointed against a regular post which still existed- The petitioner's services have been terminated the complaint of the Inspector-of Police, Jammu and Kashmir by way of punishment. No inquiry was held and the petitioner had not been afforded any opportunity of projecting his view point regarding the incident. Administrative exigency did not warrant the termination of the petitioner's service.
(3.) The respondents have appeared and showed cause. An affidavit on behalf of Shri O P. Garg, Deputy Excise and Taxation Commissioner has been filed, wherein it has been stated that the petitioner had not been appointed on regular basis. In the test held by the Departmental Committee, the petitioner was placed at Serial No. 49 in the general category in the order of merit. Against the existing vacancies, 39 persons, who had a superior merit then the petitioner, were appointed as Taxation Inspectors on regular basis. The candidates with lesser merit could not claim appointments on the strength of their performance in the test. For the sake of administrative convenience certain appointments were made out of this merit list on purely ad hoc basis. These posts, however, have been notified to the Subordinate Services Selection Board for recommending suitable candidates.;