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1993 DIGILAW 350 (MP)

Chand Khan v. State of M. P.

1993-07-10

D.M.DHARMADHIKARI, R.P.AWASTHY

body1993
JUDGMENT The petitioners was employed as lower Division Clerk in Municipal Council, Panna since 1981. By the impugned order dated 2.7.1967 (Annexure P-10), his services were terminated on the ground that his appointment was illegal and he was over age. The impugned order of termination is expressly issued in obedience to the direction contained in the letter dated 23.3.1987 (Annexure P-8) of the Dy. Director of Urban Administration, Sagar Division, Sagar. The learned counsel, appearing for the petitioner, assails the impugned order of termination on several grounds including that the impugned order is in flagrant breach of the principles of natural justice, as neither show-cause notice nor any opportunity of hearing was afforded to the petitioner before taking the impugned action. The learned counsel, appearing for the Municipal Council makes strenuous efforts before us to show that the petitioner secured the appointment contrary to the procedure indicated in the recruitment rules. The contention advanced on behalf of the Municipal Council is that the petitioner was never selected through the prescribed procedure and by a selection committee and on the date of his first entry into the service, he was more than 30 years of age. Without going into the question whether the petitioner's initial recruitment was in accordance with the recruitment rules or not, in our opinion, the impugned order of termination deserves to be quashed on the short ground of breach of the principles of natural justice. The petitioner was entitled to be heard before the impugned action was taken. Learned counsel, appearing for the Municipal Council, then submitted that a liberty be given to the Municipal Council to proceed against the petitioner after giving him due opportunity to show-cause or hearing. This Court, by order passed on 23.7.1987, had stayed the order of termination and the petitioner still continues in service. The petitioner, thus, has completed about 13 years in service. Such a long service deserves regularization rather than termination on the alleged ground that his initial recruitment itself was contrary to the rules. The recruitment was made by the Municipal Council itself and it is not open to the Council now to terminate his service on that ground. On the contrary, in our opinion, steps should be taken to regularise services of the petitioner. In view of the discussion aforesaid, the petition succeeds and is hereby allowed. The impugned order dated 2.7.1987 (Annexure P-10) is hereby quashed. On the contrary, in our opinion, steps should be taken to regularise services of the petitioner. In view of the discussion aforesaid, the petition succeeds and is hereby allowed. The impugned order dated 2.7.1987 (Annexure P-10) is hereby quashed. It is directed that the petitioner be reinstated in service and be treated as continuing as regular employee in the council and necessary steps for regularization of his service be taken within a reasonable time. In the circumstances, we make no order as to costs. The amount of security, if any, be refunded to the petitioner.