MUNICIPAL CORPORATION, SHIMLA Vs. MOHINDER SINGH MALHI AND ORS.

JUDGEMENT

(1.) By the medium of the present appeal, the appellantemployer (writ respondent) has questioned the judgment and order, dated 7th May, 2009, passed by the learned Single Judge of this Court in CWP(T) No.1978 of 2008, titled Mohinder Singh Malhi vs. Commissioner, Municipal Corporation and others, whereby the writ petition filed by the respondent-employee (writ petitioner) was allowed and the termination order was quashed, (for short, the impugned judgment).

(2.) The writ petitioner, being a regular employee of the appellant-Corporation, was serving the Corporation as Junior Engineer, applied for 42 days earned leave, which was sanctioned on 24th August, 1981, made applications for extension of leave on various dates right from 7th October, 1981 to 22nd July, 1983 and in the month of February, 1985, when he came back to join his duties, he was informed, rather told, that his services stood already terminated w.e.f. 1st November, 1983, vide office order dated 18th November, 1983, by the appellant/writ respondent. The writ petitioner made representations for re-employment and also questioned the termination order by the medium of representations, which were rejected, constraining him to file the writ petition and question the impugned termination order, on the grounds taken in the memo of writ petition.

(3.) Appellant-Corporation resisted the writ petition. The learned Single Judge, after appreciating the rival contentions of the parties, allowed the writ petition and quashed the termination order in terms of the impugned judgment. The learned Single Judge has held that the services of the writ petitioner were terminated without conducting a regular inquiry, and thus, the said action of the appellant-employer was held to be against the principles of natural justice and in breach of the mandate of law applicable.