V P GIDRONIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant was a probationary Naib Tehsildar. He had been appointed temporarily. While he was working at Bilaigarh in 1961, the commissioner of Raipur Division directed an enquiry against him on as many as 13 charges. By his order dated August 3, 1961, the Commissioner placed him under suspension pending enquiry. Sometime later, the State Government taking the view that the enquiry ordered by the Commissioner may not be legal, revoked his orders viz., the order directing a departmental enquiry against the appellant as well as the order placing him under suspension. But on the same day, it ordered a departmental enquiry against him and at the same time it placed him under suspension pending that enquiry. In this connection a show cause notice was issued to the appellant on August 1, 1964. But even before that show cause notice was issued, on June 6, 1964, the appellant gave a notice to the Government terminating his services. After the issue of the aforementioned show cause notice, he moved the High Court of Madhya Pradesh to quash the orders passed by the State Government on the ground that as he was no more in the service of the Government, the Government cannot take any departmental action against him.

(2.) The State Government resisted that application on two grounds viz., (1) the order of the State Government suspending the appellant during the pendency of the departmental enquiry amounted to a suspension of the contract of service and hence the appellant could not have unilaterally terminated his services and (2) the notice given by him on June 6, 1964 was invalid as it did not conform to the rules.

(3.) The High Court accepted the aforesaid contentions of the State Government and dismissed the writ petition. Hence this appeal by special leave.