Hon’ble Bharat Bhushan, J.—Nagar Palika, Siyana District Bulandshahr has filed this writ petition against judgment and order dated 17.2.1994 passed by U.P. Public Services Tribunal II, Lucknow (in short ‘Tribunal’) in Claim Petition No. 137/II/88 filed by Sri Ram Prasad, respondent No. 2, setting aside termination order dated 27.2.1978 of respondent No. 2 with all consequential benefits of pay and allowances.

2. Facts of the case are based on allegations that respondent No. 2, Ram Prasad was temporarily appointed on the post of Toll Moharrir on 5.10.1966 in Town Area, Siyana, District Bulandshahr, which was later on upgraded as Nagar Palika, Siyana. The Town Area was under the charge of Officer-in-charge Sub-Divisional Magistrate, Sadar in the year 1977 who made an inspection of Toll on 28.10.1977 where respondent No. 2 was working. During inspection, it was found that Ram Prasad, respondent No. 2, was found in possession of Rs. 70/- more-than the amount entered into Chungi Register maintained at Barrier. On being questioned by the Officer-in-charge, respondent No. 2 explained that extra amount was his personal cash money brought from home to meet the requirement of small change for returning the excess money to the tax-payers. The statement of respondent No. 2 was recorded. Later on, a notice dated 23.11.1977 was issued seeking his explanation and to show-cause.

3. This time respondent No. 2 changed his version by stating that he brought Rs. 70/- from his home for purchasing food-grains from the market. The statement of respondent No. 2 dated 28.10.1977 and different version given pursuant to notice dated 23.11.1977 are available on record as Annexures-1 and 3 to the writ petition. Another opportunity was given to respondent No. 2 for explaining the discrepancies and in his third explanation dated 18.12.1977 (Annexure-5 to the writ petition). Respondent No. 2 again changed his version by saying that Rs. 70/- was his personal money required for making payment to the tax-payers as well as for purchasing food-grains for his personal consumption. It is pertinent to point-out that only Rs. 14.70P. were officially collected as Toll-tax by respondent No. 2 as per Chungi Register.

4. To cut the matter short, the temporary services of respondent No. 2 were terminated by Officer-in-charge on the ground of unsuitability. Respondent No. 2 filed an appeal before the District Magistrate, which was dismissed on 11.9.1985. Subsequently, respondent No. 2 filed further representation/appeal before the Commissioner, Meerut Division, Meerut, which was also dismissed on 13.11.1987. Thereafter, respondent No. 2 preferred a Claim Petition No. 137/11/1988. The Tribunal found order stigmatic termination and passed order without holding any domestic enquiry, therefore, it set-aside the termination order. Aggrieved Nagar Palika, Siyana, District Bulandshahr has filed the present writ petition against the impugned judgment and order dated 17.2.1994 passed by the Tribunal.

5. Learned counsel for the petitioner has submitted that services of respondent No. 2 was temporary, therefore, his services were terminable without any enquiry. He has argued that termination order is not stigmatic in the circumstances, hence, there was no requirement to hold full-fledged enquiry. Serious material was found against respondent No. 2 during inspection. Total tax collected was Rs. 14.70 P. while excess amount of Rs. 70/- was found in possession of respondent No. 2. Three different explanations were given by respondent No. 2 for this excess amount which was not found to be satisfactory, therefore, the impugned termination order is justified as he was not found suitable to be continued in service.

6. Learned counsel for the petitioner has further claimed that since then, the State Government has abolished the toll-tax and at present, there is no post of Toll-tax Moharrir in existence, therefore, respondent No. 2 cannot be accommodated on his original post of Toll-t