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VIVEK AGARWAL
Siyaram Sharma – Appellant
Versus
State of M. P. – Respondent
Petitioner has filed this writ petition challenging the order dated 17.1.2006 passed by respondent No.2 by which services of the petitioner were terminated. According to the petitioner, his services have been terminated without giving any show-cause notice to him and without conducting any enquiry into the matter, therefore, the order of termination is illegal, arbitrary and unconstitutional. According to the petitioner, he was in continuous service for 9 years and thus had acquired the status of quasi permanent servant and thus entitled to protection under Article 311 (1) of the Constitution. It is also submitted that since respondent No.2 is not his appointing authority, therefore, he was not competent to terminate him.
2. The brief facts, which are not in dispute, are that petitioner was appointed as Chowkidar in the year 1997 on daily wages by the Superintendent of Rescue Home for a period of 89 days. It is mentioned in the appointment order itself that his services are being engaged on daily wages and if they are not found satisfactory, they can be dispensed with without giving any notice. Petitioner has also filed Annexure P/4 which is also an order in regard to engagem
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