Court No. 2 IN THE HIGH COUT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 6077 of 2001 (Old No. 36486 of 1997). Santosh Kumar S/o Sri Prem Lal, R/o Village- Bhawanipur, Tarkaula, P.S. - Noorpur, P.O. - Umari @ Dhanpur, District- Bijnore, At present living Govt. Higher Secondary School, Harmani, District Chamoli. …………… Petitioner Versus 1. Chhetriya Ayurvedic and Unani Adhikari, Chamoli, 2. Medical Officer, Govt. Ayurvedic Hospital, Mundauli, District- Chamoli, 3. Medical Officer, Govt. Ayurvedic Hospital, Ghesh, District- Chamoli. …………. Respondents. Date: March 25, 2008 Hon’ble P. C.Verma,J. Heard Sri B.S. Negi, learned counsel for the petitioner and Sri H. M. Raturi, learned Standing Counsel for the respondents. 2. Since the petitioner is working in terms of the interim order dated 07.11.1997, by which the termination order dated 22.07.1997 was stayed. The appointing authority is Regional Ayurvedic and Unani Officer, Chamoli for the post of Sweeper-cum- Chowkidar. The perusal of the termination order shows that the termination order has been passed at the dictate of the Director, Ayurvedic and Unani Service, U.P. The appointing authority has not applied his mind. It is total abdication of discretion. Therefore, the termination order cannot be sustained. 3. The writ petition is allowed. The termination order dated 22.07.1997 is hereby quashed. The petitioner shall continue in service. (P.C.Verma,J.) 25.03.2008 P. Singh