Court No. - 28
Case :- WRIT - A No. - 30717 of 1999 Petitioner :- Banshi Dhar Respondent :- Commissioner Conslidation Up Lucknow & Others Counsel for Petitioner :- K.K.Misra Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and learned counsel for the State-respondents.
This writ petition is directed against the termination order dated 8.7.1999 passed by the respondent no.2 / the Settlement Officer, Consolidation, Ghazipur on the ground that it has been passed in violation of Rule 16 of the Uttar Pradesh Chakbandi Vibhag Lipik Avam Rekhankan Karamchari Sewa Niyamawali, 1980 The District Magistrate / District Deputy Director of Consolidation is the head of the Selection Committee for selection of the Tracers but the then Settlement Officer, Consolidation himself presided over the Selection Committee including two Consolidation Officers as members and appointed 11 Tracers. The appointment was not approved by the Consolidation Officer by his order dated 09.06.1995 and the appointment of the 11 Tracers were cancelled by the order dated 18.03.1996. Despite these facts the Settlement Officer, Consolidation appointed the petitioner on the post of Tracer and he is working since 21.12.1995 and this fact has come to his notice on 07.07.1999. Therefore, the services of the petitioner were terminated with immediate effect by order dated 8.7.1999.
The petitioner has approached this Court assailing the above order on the ground that he was duly selected and appointed on 21.12.1995 on the post of Tracer in temporary / adhoc basis and his services were confirmed on 30.12.1999 by the Settlement Officer, Consolidation, who is his Appointing Authority.
His services could not have been terminated without notice and opportunity of hearing or if the appointment was alleged to be illegal, without conducting disciplinary proceedings. From the material on record accompanying the counter affidavit there is no such document which goes to prove that petitioner was ever noticed prior to termination of his services by any of the respondents.
In view of the above, the impugned order dated 08.07.1999 passed by respondent no.2 / Settlement Officer Consolidation is hereby quashed.
It is open for the respondents to pass fresh order in accordance with law.
Writ petition is allowed. No order as to costs.
Order Date :- 30.3.2018 SS