VITHAL MALLAPPA MOPAGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is presented against the order of Jagannatha Shetty, J passed on 7-1-74 in WP.618174, dismissing the writ petition. The appellant is the Jeep driver in the Office of the Home Guard Commandant, Bijapur District, Bijapur. A notice dt.30-1-1974 was issued by the Commandant General, Home Guards, Karnataka State, Bangalore, stating that his services would he terminated after a period of one month under Rule 5 of the Karnataka State Civil Services (Temporary Services) Rules 1967. The said notice was challenged in the writ petition on the ground that it was issued by way of punishment contrary to the protection guaranteed to civil servants under Art. 311(2) of the Constitution.

(2.) The appellant was appointed on 11-11-1969 as a Jeep driver. The order of appointment states that it was purely a temporary appointment governed by the Karnataka State Civil Services (Temporary Services) Rules 1967. The learned Judge held that the order of the Commandant General did not attract the provisions of Art.311 (2) of the Constitution.

(3.) The only contention urged in the writ petition was that the termination of the services of the appellant was by way of punishment and would attract the provisions of Art.311 (2) of the Constn. That is also the only question which will be considered by us in this appeal.