S CHATURVEDI Vs. CENTRAL RAILWAY

JUDGEMENT

(1.) THE applicant was a temporary substitute working in a hospital at Jhansi. There was a case started against him for bribery and he was suspended on 11-8-1949. He was convicted by the magistrate on 3-2-1951, but was acquitted on appeal by the learned Sessions Judge on 7-4-1952. Even before his conviction by the Magistrate, however, on 2-9-1949, the railway authorities terminated the services of the applicant while he was under suspension.

(2.) THE applicant being a temporary servant and not having been appointed either permanently or for a definite period his services could be terminated at any time in accordance with the terms of his appointment, and, if his service was so terminated he cannot claim against his employer that he had a right to continue in service and that his removal from service was, therefore, illegal. There is nothing in the application or in the affidavit to show how the order dated 2-9-1949, terminating the services of the applicant was in contravention of the terms under which he was appointed. Learned counsel has relied on certain suspension rules for railway servants. The relevant rule is quoted in the supplementary affidavit and is as follows:

(3.) AS we are dismissing this application on the merits we are not going into the question whether this Court can entertain this writ petition against the Central Railway at Bombay.