TMI Blog1969 (4) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... Service) Rules, 1960 provided :- 12 (a) Subject to any provision contained in the order of appointment or in any agreement between the government and the temporary government servant, 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; Provided that the services of any such government servant may be terminated forthwith by payment to him of a sum equivalent to the amount of his pay plus allowances for the period of the notice, or as the case may be, for the period by which such notice falls short of one month or any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t raised in the High Court, and we indicated in the course of arguments that the appellant could not be allowed to raise it in this Court for the first time. 5. Counsel next submitted that Rule 12 was violative of Articles 14 and 16 of the Constitution. There is no merit in this contention. Rule 12 applies to all temporary government servants who are not in quasi-permanent service. All such government servants are treated alike. The argument that Rule 12 confers an arbitrary and unguided discretion is devoid of any merit. The services of a temporary government servant may be terminated on one month's notice whenever the government thinks it necessary or expedient to do so for administrative reasons. It is impossible to define before- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s passed by way of punishment without giving the appellant an opportunity to show cause against the proposed action and was therefore violative of Article 311 of the Constitution. In this connection, counsel for the appellant drew our attention to the statement of case filed on behalf of the respondent. It appears that there were complaints that the appellant was associating with a young girl named Miss Laxmi Surve against the wishes of her father and other members of her family. The Chief Justice of Madhya Pradesh made inquiries into the matter and on February 19, 1954 he admonished the appellant for this disreputable conduct. On his return to Jabalpur on February 28, 1964 the Chief Justice dictated the following note :- During my recen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No charge-sheet was served on the appellant nor was any departmental inquiry held against him. On March 10, 1964 the Madhya Pradesh High Court passed a resolution that the State Government should terminate the appellant's services. Having regard to this resolution the State Government passed the impugned order dated March 25, 1964, On the face of it, the order did not cast any stigma on the appellant's character or integrity nor did it visit him with any evil consequences. It was not passed by way of punishment and the provisions of Article 311 were not attracted. 9. It was immaterial that the order was preceded by an informal inquiry into the appellant's conduct with a view to ascertain whether he should be retained in ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a temporary government servant and had no right to hold the office. The State government had the right to terminate his services under Rule 12 without issuing any notice to the appellant to show cause against the proposed action. In Ridge v. Baldwin [1964] A.C.40 the House of Lords by majority held that the order of dismissal of a chief constable on the ground of neglect of duty without informing him of the charge made against him and giving him an opportunity of being heard was in contravention of the principles of natural justice and was liable to be quashed. Section 191 of the Municipal Corporations Act, 1882 provided that the watch committee might at any time suspend and dismiss any borough constable whom they thought negligent in the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
