DIRECTOR, DEFENCE RESEARCH AND DEVELOPMENT LABORATORIES, HYDERABAD Vs. C PANDU, INSTRUMENT MECHANIC, DEFENCE RESEARCH DEVELOPMENT LABORATORIES, HYDERABAD

JUDGEMENT

(1.) The substantial question which we will have to answer in this writ appeal is whether the order of termination of the services of the respondent was on the ground of his unsuitability to the service or whether it was as a matter of punishment. Madhava Reddy, J., held in W. P. No. 5471 of 1974 that the termination was by way of punishment and the Director of Defence Research and Development Laboratory, Hyderabad has preferred this appeal challenging that view of the learned Judge.

(2.) We will refer to the parties as they were arrayed in the writ petition. The petitioner was appointed on 12-10-1962 in the Defence Research and Development Laboratory which would hereinafter be referred to as "the Laboratory", as T. M. Welder. Later his probation was declared with effect from 11-4-1963. On 1-7-1963 he was promoted as Welder and his probation in that post was declared with effect from 1-1-1964. He was later promoted as Instrument Mechanic on 27-4-1972. Even here his probation was declared with effect from 27th of October, 1972. However, by an order of the Director of the Laboratory dated 23rd September, 1974, his services were terminated. The writ petition was filed for the issue of a writ of certiorari quashing that order.

(3.) The first and foremost contention of the petitioner was that the termination purporting to be under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, (hereinafter referred to as "the Rules") was illegal and void.