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2000 Supreme(All) 1371
IN THE HIGH COURT OF ALLAHABAD
A. K. Yog, J.
PARAS NATH PANDEY - Appellant
Versus
DIRECTOR, NORTH CENTRAL ZONE CULTURAL CENTRE, ALLAHABAD - Respondents
C. M. W. P. 24972 Of 1991
Decided On : 11/02/2000
DINESH DWIVEDI, H.P.Mishra, NAVIN SINHA, R.R.MISHRA, RAJIV MISHRA, RAKESH DWIVEDI, Vipin Sinha
The main legal point established is that a preliminary enquiry into allegations against a temporary government servant does not necessarily make a termination order punitive in nature.
Headnote:
Termination - Temporary Employee - Registration of Societies Act - Article 12, Constitution of India - Sections 353 and 186, I. P. C. - U. P. Industrial Disputes Act - Principle of Natural Justice - Termination Order
Fact of the Case:
The petitioner, a temporary Hindi Stenographer at North Central Zone Cultural Centre, was terminated without a disciplinary inquiry. The respondent contended that the termination was based on a preliminary enquiry and was not punitive in nature.
Finding of the Court:
The court found that the Centre was an instrumentality of the Central Government and hence an 'authority' under Article 12 of the Constitution of India. It rejected the preliminary objections and held that the writ petition was maintainable. The court also held that the termination order was not punitive in nature and dismissed the petition.
Issues: The issues included the maintainability of the writ petition, the nature of the termination order, and the application of the U. P. Industrial Disputes Act.
Ratio Decidendi: The court relied on the principle that a preliminary enquiry into allegations against a temporary government servant does not necessarily make the termination order punitive in nature. It emphasized that the termination was based on a fair enquiry to determine the employee's suitability.
Final Decision: The court dismissed the petition, finding that the termination was not punitive and that the respondent had acted fairly in determining the petitioner's suitability for continued employment.
( 1 ) HEARD Sri Rajiv Mishra, advocate, on behalf of the petitioner and Sri Vipin Sinha, advocate assisting Sri Navin Sinha, advocate, counsel for the respondent.
( 2 ) PARAS Nath Pandey, petitioner, was working on purely temporary basis vide appointment letter dated 11/16th September, 1987 at North Central Zone Cultural Centre, Nyaya Marg, Allahabad, (for short called n. C. Z. C. C. ) as Hindi Stenographer (Annexure-1 to the Writ Petition ). The fact that petitioner was working on temporary basis is not in dispute. N. C. Z. C. C. is said to be an authority as contemplated under Article 12, Constitution of India. Details of the complex and composition of N. C. Z. C. C. have been given in the supplementary-affidavit (sworn by petitioner, paras Nath Pandey) which shows that it is a society registered under Registration of Societies act. Executive Board, entrusted with the management of N. C. Z. C. C. consists of six Government officers out of total eleven members. Some of the members are from Sangeet Natak Academy and Lalit Kala Academy established by the Government of India. Chairperson of Executive board of the N. C. Z. C. C. is to be nominated by the Central Government. N. C. Z. C. C. survives upon the funds exclusively provided by the Central Government. Its holidays are the same as that applicable to the Central Government employees (see paras 9 to 28 of the supplementary-affidavit filed with amendment application ). Petitioner claims N. C. Z. C. C. is an instrumentality of the Central Government and hence an "authority" under Article 12, constitution of India.
( 3 ) ACCORDING to the averments contained in the petition, a first information report containing false allegations under Sections 353 and 186, I. P. C. against him, was lodged with the police station, Civil Lines, Allahabad, against the petitioner (Annexure-5 to the Writ Petition ). He was acquitted on 31. 3. 1999 in Criminal Case No. 569 of 1998 by Special Chief Judicial Magistrate, allahabad-registered on the basis of above referred said first information report (Annexure s. A.-1 to the supplementary-affidavit filed with application dated 20. 7. 1999 under Chapter xxii, Rule 1 of Rules of Court ).
( 4 ) WITHOUT going into the details of the correctness of the contrary facts pleaded by the petitioner or the respondent regarding occurrence of the incident in question on 3. 8. 1991, it will suffice to mention that from the documents annexed with the writ petition, it appears that temporary services of the petitioner were determined by means of the impugned termination order dated 5. 8. 1991 (Annexure-4 to the Writ Petition ). The impugned termination order, for convenience, is reproduced :
"the services of Sri Paras Nath Pandey, son of Sri Kamla Sharan Pandey, resident of Malak harihar, district Allahabad, who had been appointed and was working as Hindi Stenographer in this Centre in purely temporary capacity in pursuance of appointment order No. 1356/as/n. C. Z. C. C/1987, dated 11/16. 9. 1987 are hereby terminated. In terms of the aforementioned appointment order, his services are liable to be terminated any time without notice. However, looking into the circumstances, a cheque for one months salary is being enclosed on purely compassionate grounds. "
( 5 ) A counter-affidavit has been filed on behalf of the sole respondent. Averments in the petition have been denied and it is contended that petitioner suffered from some mental disorder and details of the incident dated 3. 8. 1991 have been mentioned (Paragraphs 12 to 23 of the counter-affidavit ). Along with counter-affidavit, contesting respondent has annexed copy of the order dated 3. 8. 1991 (Annexure-7 to the counter-affidavit) whereby the Director required administrative Officer to conduct full and indepth enquiry into the incident of 3. 8. 1991, the antecedents of mental illness of the petitioner and submit his report by 5. 8. 1991 (on the basis of the enquiry) fixing responsibility for the incid
