K. C. AGRAWAL, CJ. - (1.) THIS writ petition under Art. 226 of the Constitution has been filed by Ram Babu Soni challenging the order dated 2. 9. 1989 (Annexure 5 to the writ petition) by which he was terminated by Vikas Adhikari Panchayat Samiti Tonk. On the same day , i. e. on 2. 9. 1989, the petitioner was served with a show cause notice (annexure 4 to the writ Petition) for showing cause a to why disciplinary proceedings be not initiated against him for his remaining absent from duty w. e. f. 3. 7. 1989 to 22. 7. 1989. From Annexure 2. it appears that the petitioner was appointed on temporary basis by the Vikas Adhikari on 18. 8. 1988 and he assumed the work in pursuance of the said order.
(2.) THE petitioner has filed this writ petition on the ground that on show cause notice was served on him before terminating his services by order dated 2. 9. 1989 Having heard learned counsel for the petitioner and gone through the record, I find that the petitioner was served with the show cause notice only on 2. 9. 1989 for taking disciplinary action for being absent w. e. f. 3. 7. 89 to 22. 7. 89 but, on the same very day, instead of taking disciplinary action against him for the breach, aforesaid, he was terminated by Vikas Adhikari. Learned counsel for the petitioner is right in submitting that the impugned order dated 2. 9. 1989 terminating the petitioner has caused stigma and that could not be passed with giving an opportunity of hearing to him. Even if the petitioner was absent as alleged in annexure 4 to the writ petition, he was entitled to opportunity of being heard. As this was not done, the writ petition termination the services of the petitioner cannot be sustained in law and is liable to be quashed. Consequently, the writ petition is allowed and the order dated 2. 9. 1989 (Annexure 5 to the writ petition) is quashed. The petitioner will be entitled to all the consequential benefits as a result of quashing of his termination order. .;