Judgment

RAY, J.:- Special leave granted.

2. Heard arguments of the counsel for both the parties. The first question that poses itself for consideration in this appeal is whether the impugned order of termination of service of the appellant is an innocuous order of termination simpliciter in accordance with the terms and conditions of the appointment or it casts any stigma or aspersion on the service career of the appellant thereby prejudicially affecting his service career. The second question is whether before passing the impugned order any opportunity of hearing as required under the service regulations was given to the appellant to the making of the said order.

3. The appellant Jagdish Parsad was employed as a Clerk in the Office of Zila Ganna Adhikari, Muzaffarnagar in a temporary capacity. By an order dated 28th October, 1976 his service was terminated. The said order of termination is quoted herein below :-

"Shri Jagdish Parsad, Clerk, Co-operative Cane Development Society Limited, Muzaffarnagar while working in Roadways was caught in corruption on 6-6-67 and his services were terminated from there. Shri Jagdish Parsad obtained his appointment in service in the Society, by concealing the above facts. On receiving a complaint this fact was verified from the Roadways Department, In this way Shri Jagdish Parsad, having been removed on charge of corruption is not suitable for employment in this Society.

Therefore, the services of Shri Jagdish Parsad, Clerk, Cane Society, Muzaffarnagar are terminated with immediate effect."

4. Prior to the making of this order by the Secretary. District Cane Committee. Muzaffarnagar, a show cause notice was issued to the following effect :-

"Having received a complaint against you (from), Transport Corporation, Muzaffarnagar, it has been learnt that you worked up to 6-6-1967 in that department as a Conductor, and during that period you were caught in corruption case, and your services were terminated by giving one months notice. Since you were removed from the Roadways Department on corruption charges there it was not justified to keep you in this department. Thus it seems that you procured employment in Cane Society, Muzaffarnagar, by concealing the above facts. Therefore, show cause, why you be not removed from the services."

5. This notice was issued on October 13, 1976 under the signature of Secretary, District Cane. Committee, Muzaffarnagar. On receipt of this show cause notice, the appellant sent a letter to the Secretary, District Cane Commitee, Muzaffarnagar requesting him to supply him all the findings of the enquiry in order to enable him to submit his reply to the show cause notice. As the said document asked for by him was not given to him, the petitioner-appellant by his letter dated 30th August, 1976 asked for the said document. It was also stated in the said letter that in spite of his earlier request for the documents, he was merely shown a letter dated 1-7-76 relating to the Roadways Department and another petition of complaint of Shri Shahi Ram, Clerk. Besides, this document neither the findings pertaining to the show cause notice, not any other documents were made available to him. It has been further stated therein that. he was a temporary employee under the U. P. Government Roadways, Muzaffarnagar, and his temporary service was terminated by letter No. 3396 dated 18-5-67 by the Assistant General Manager. In the said letter it was clearly mentioned that his services were no more required after offering him one months salary in lieu of notice. The relevant terms of the letter are as follows

"Services of Shri Jagdish Parsad, son of Shri Baru Singh, appointed as a Conductor and posted at Muzaffarnagar Station is hereby terminated with immediate effect as he is no longer required. In terms and conditions of his service, he will get one months salary in lieu of the notice.

6. The appellant sent another letter on October 26, 1976 wherein he stated that since his former service under the