Violation of Article 311(2) of the Constitution of India in the termination of government employees.

Mrs. Poonam Srtvastava, J.

1. Since all these five writ petitions involve a common question for decision by this Court, they are being decided by a common judgment.

2. Prayer in these writ petitions is for quashing the order dated 4.8.2010 in W.P. (S) Nos. 6404 of 2010. 2399 of 2011. 3516 of 2011, 3590 of 2011, passed by Deputy Secretary, Department of Home, Government of Jharkhand, Ranchi. and the order dated 13.10.2010 passed by the Deputy Secretary, Co-operative Department, Government of Jharkhand, terminating the petitioners while they were still on probation and continuing with their training after their selection for the services of the Deputy Collector and Assistant Registrar, Cooperative Society respectively conducted by the J.P.S.C.

3. Grievance of all the petitioners is that they appeared in the competitive exam conducted by the J.P.S.C. The petitioners qualified in the Preliminary Test (P.T.) and also in the final written examination, and thereafter they appeared for Interview and finally they were selected. Final result was published after their Medical Examination. The petitioners were sent for training for a period of two years. Their probation period was almost on the verge of completion. The termination order was passed by the respondents without assigning any reason and also without issuance of notice.

4. I have heard Mr. Amit Sinha assisted by Mrs. Neeta Krishna, Advocate appearing for the petitioners in all the writ petitions.

5. The first submission is that in similar matters, bearing W.P. (S) No. 6167 of 2010 along with W.P. (S) Nos. 6672, 5885 and 4332 of 2010, four similarly situated candidates, who were also terminated by identical orders dated 10.8.2010, had challenged the said order before this Court in the aforesaid writ petitions. The said writ petition was allowed vide order dated 8.7.2011 and the order of termination was quashed. Learned counsel has placed the order in support of his contention that while allowing the writ petitions, this Court held that since no enquiry was conducted, neither any show cause was issued, the impugned order of termination was without affording a reasonable opportunity of hearing and thus, opposed to the principles of Audi Alteram Partem and also without following the procedure of law.

6. The submission is that the case of all the petitioners stand on equal footing and, therefore, the termination order is rendered opposed to the principles of natural justice. Learned counsel has further argued and placed reliance on a decision in the case of Union of India and Ors. v. Mahaveer C. Singhvi reported in (2010) 8 SCC 220. This decision relates to the termination of an Officer, who was appointed after being selected by the U.P.S.C. and was undergoing training for Indian Foreign Service, but during the period of probation, he was issued an order of termination. The emphasis is on paragraphs 22 and 23 of the said decision which are quoted below :--

22. The High Court by the impugned judgment dated 29.9.2008, accordingly quashed the Order of discharge of the respondent from the Indian Foreign Service dated 13.6.2002, along with the orders passed by the Tribunal on 4.9.2003 dismissing the respondent's OA No. 2038 of 2002 and on 14.11.2003 rejecting the respondent's Review Application No. 323 of 2003, with a direction to reinstate the respondent in the Indian Foreign Service cadre of the 1999 batch, along with all consequential benefits, including consequential seniority, within a month from the date of the order.

23. In allowing the writ petition filed by the respondent, the High Court referred to relied on the decision of this Court in Radhey Shyam Gupta v. U.P. State Agro Industries Corpn. Ltd. (1999) 2 SCC 21, wherein this Court had held that in cases where termination is preceded by an enquiry, evidence is received and findings as to misconduct of a definite nature are arrived at behind the back of the officer and where on the basis of such a report the termination is issued,