- (1.) The petitioner has preferred this writ petition making the following prayer:- "(i) The order of removal of the humble petitioner i.e. the order dated 17th February, 1999 (Annexure-6) may kindly be ordered to be quashed and set aside and the respondents may kindly be directed to allow the petitioner to continue in service. (ii) By an appropriate writ order or direction, the respondents may kindly be directed to regularize the services of the humble petitioner on the post of Asstt. Sanitary Inspector with effect from the date of his initial appointment; (iii) Any other order which this Hon'ble Court deemd fit may also be passed in the facts and circumstances of the case in favour of the humble petitioner." The brief facts noticed by this Court are that the petitioner was appointed on the post of Assistant Sanitary Inspector in the regular pay scale vide order dated 15/12/1994 under Rule 27 of the Rajasthan Municipalities Ministerial and Subordinate Service Rules. The appointment of the petitioner was for a period of one year or till the regular selected candidate was available. The respondent No.2 passed an order on 17/2/1999 removing the petitioner from the services.
(2.) The respondent filed a reply and stated that termination order was in accordance with law and since the petitioner was on temporary appointment for a period of one year or till the regular selected candidate is available, therefore, there is no need for any kind of regular enquiry.
(3.) Counsel for the petitioner referred to the order of removal dated 17/2/1999 and argued that the same was without adopting the proper procedure of law. Counsel for the petitioner further argued that the order of termination was totally stigmatic as it levelled serious allegations against the petitioner. The counsel for the petitioner harped upon the issue that if a stigmatic order is being passed then even in the case of temporary service the respondents were under a legal obligation to follow the procedure of law and to give proper opportunity of hearing while confirming to the basic parameters of natural justice.;