MOHAMMED Vs. SUPDT OF POST OFFICE CALICUT

JUDGEMENT

(1.) The petitioner before us was working as an Extra Departmental Branch Post Master at Avilora in Calicut Division under the control of the Senior Superintendent of Post Offices, Calicut. The appointment of the petitioner to the said post had been made as per the order Ext. P1 passed in May, 1973. The petitioner was put off duty from 14-8-1975 and subsequently, by the order Ext. P5 dated 4-10-1975 the service of the petitioner was terminated "with immediate effect for unsatisfactory work" under R.6 of the Posts and Telegraphs Extra Departmental Agents (Conduct and Service) Rules, 1964. This writ petition has been brought by the petitioner seeking to quash Ext. P5. The contention urged before us is that the petitioner was holding a civil post under the Union of India, that he was entitled to the protection under Art.311 of the Constitution that the order Ext. P5 amounts to his dismissal or removal from service so as to attract the provisions of Art.311 and that since the procedure laid down therein was admittedly not followed before Ext. P5 was passed, the impugned order is illegal and void.

(2.) R.6 aforementioned under which the impugned action has been taken is in the following terms: