OM PRAKASH GUPTA SWADHEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was appointed to the temporary post of caretaker in the Geological Survey of India by an order dated April 4, 1963.

(2.) The appellant challenged both the notice of termination as well as the subsequent order relieving him of his charge by a writ petition filed before the Allahabad High Court (Lucknow Bench). A learned Judge of the said High Court by his judgment and order dated December 12, 1968 allowed the petition and quashed the orders complained of on the view that the Director of Administration on whose signature the notice of termination was issued was not the competent authority to make that order. On appeal preferred by the Union of India, a Division Bench of the High Court reversed this decision and dismissed the writ petition holding that the Director of Administration was competent to terminate the service of the appellant.

(3.) The impugned notice of termination was issued under Rule 5 (1) (a) of the Central Civil Services (Temporary service) Rules, 1965 which is in these terms: