ORDER

Leave granted.

We have heard learned counsel for the parties.

2. Though the respondent was appointed on February 14, 1972 on ad hoc basis, she was posted at different places during which period she remained either on leave or absconded from duty, except joining the places nearer to her native place Lakhimpur Kheri. Consequently, authorities had taken action on September 23, 1980 to terminate her service in terms of letter of appointment. The respondent had approached the Tribunal for reinstatement with back wages. The Tribunal has set aside the order of termination holding that the termination is violative of Article 311(2) of the Constitution since no enquiry was conducted against the respondent. The same came to be upheld by the High Court in the impugned order in Writ  Petition No.1589(SS)/94 passed on April 5, 1994.

3. The question, therefore, is : whether it is necessary for the Government to conduct an enquiry as contemplated under Article 311(2) read with the statutory rules ? In the State of U.P., there are statutory rules, viz., U.P. Temporary Government Services Rules, 1975. Rule 14(a) of the said Rules provides for termin