COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 248/2003 Dharam Prakash …….Petitioner Versus Nideshak Mandal, Kumaon Mandal Vikas Nigam Ltd. And Other. ..…Respondents Sri U.S. Bhakuni, learned Counsel for the petitioner. Sri Shobhit Saharia, learned Counsel for the respondents. 6th May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of Certiorari to quash the orders dated 10.2.1994, 3.3.1994 and 1.7.1994 passed by respondent no. 2 relating to termination of his services and imposing punishment, which have been filed as Annexure No. 1, 2 and 3 respectively to the writ petition. 2. I have heard learned Counsel for the parties and perused the record. 3. Petitioner was initially appointed as a Sweeper on daily wages basis in the year 1978. Subsequently his services were regularized in the year 1981. Petitioner was transferred from Kashipur to Puniyagiri vide order dated 14.1.1994. Petitioner reported on duty at Puniyagiri on 16.2.1994. But he was served with an order dated 10.2.1994, whereby his services were terminated. 2 Subsequently, the said order dated 10.2.1994, which was an order simpliciter, was modified vide order dated 3.3.1994 and the petitioner was reinstated in service after imposing heavy penalty of reduction to the minimum of his pay scale. By the same order he was transferred to Chiliya Naula, Ranikhet. The penalty order dated 3.3.1994 was again passed without holding any inquiry and even without affording any opportunity of hearing to the petitioner. 4. The services of the petitioner were again terminated vide order dated 1.7.1994, contained as Annexure No. 3 to the writ petition, which is quoted as under: The services of Sri Dharam Prakash, Sweeper, S/o Sri Ramswaroop Balmiki, P.O.-Pilana, Block-Pilana, District-Merrut were terminated by the letter no 8675/2-4 dated 10.2.1994, with reference to which he had submitted a representation dated 1.3.1994, whereby he had begged forgiveness for his acts and requested reinstatement in the services citing that he would not commit any mistake in future. On humanitarian ground and after sympathetic consideration on his representation, he was taken back in the services of the Nigam by the letter no. 9550/2-4 dated 3.3.1994 and he was served with a warning not to be irresponsible in future. Sri Dharam Prakash, Sweeper, T.R.C. Chiliya Naula is absent from his 3 duties with effect from 14.5.1994. He does not keep any interest in the services of Nigam which is evident from his indifference to duty, absence from duty without any information and without any sanctioned leave. Therefore, he is not adequately discharging his responsibilities and such act of his is affecting the work of Nigam. As such, his lien on the services of the Nigam has come to an end because of his long absence from his duties. Therefore, his services are terminated with immediate effect and he would be paid three months’ salary and allowances in lieu of the notice. He is expected to submit No Dues Certificate in this office within one week from the date of receipt of this order so that he may be paid his last dues, if any. Vinay Mohan Madhwal Managing Director 5. On lifting the veil of the impugned orders, it is evident that these orders have been passed in a punitive manner. Thus, it entails a civil consequence and in such a situation, the due procedure prescribed under the rules was mandatory to be followed before passing such orders. As such, the impugned orders are stigmatic and cannot be sustained in the eye of law. 4 6. For the reasons recorded above, the writ petition is allowed and the impugned orders dated 10.2.1994, 3.3.1994 and 1.7.1994, contained as Annexure No. 1, 2 and 3 to the writ petition respectively, are hereby quashed. No order as to costs. (P.C. Verma, J.) Prabodh