TMI Blog1953 (3) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... onsiderable length by the petitioner in person. Then, when our judgment was nearly ready, he put in a petition asking for a rehearing and for permission to file some fresh papers. When that was refused he came again on another,day and asked for leave to engage an agent and appear through counsel as he felt he had not been able to do justice to his case in person. (It may be mentioned that though he had originally engaged an agent he dismissed him before the hearing when he appeared in person.) We granted his request and counsel reargued the case for him but has not carried the matter any further. The facts are these. In October,1945, the petitioner was employed by the Government of India on a five year contracting, the Directorate Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) The service of a temporary Government servant who is not in quasi-permanent service shall be liable to termination at any time by notice in writing given either by the Government servant to the appointing authority, or by the appointing authority to the Government servant. (b) The period of such notice shall be one month, unless otherwise agreed to by the Government and by the Government servant. Quasi-permanent service is defined in-the rules and it is clear that the petitioner does not come within that class. It is also an undisputed fact that there was no agreement between the petitioner and Government regarding the period of the notice. Therefore, according to this rule, which was a term in the petitioner's contract of furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 240 of the Government of India Act, 1935, the safeguards were limited to those two cases. Under. the present Constitution, a third was added, namely removal from service. In order to understand the difference between dismissal and removal from service, it will be necessary to turn to the Rule,; which governed, and with modifications still govern, the services in India because of article 313 of the Constitution. Part XII of the Civil Services (Classification, Control and Appeal) Rules relating to Conduct and Discipline includes rule 49 which sets out the various penalties to which a member of the services can be subjected for indiscipline and misconduct. They are seven in number and include censure, suspension, reduction in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons similarly situated. He has not been discriminated against and he has not been denied the protection of any laws which others similarly situated could claim. The remedy of a writ is misconceived. Article 16(1) is equally inapplicable. The whole matter rests in contract. When the petitioner's first contract (the five year one) came to an end, he was not a permanent Government servant and Government was not bound either to re-employ him or to continue him in service. On the other hand, it was open to Government to make him the offer it did of a continuation of his employment on a temporary and contractual basis. Though the employment was continued, it was in point of fact, and in the eyes of the law, under a new and fresh contract whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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