OMPRAKASH MUKHTYARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner in this case prays for the issue of a writ of certiorari for quashing an order passed by the Inspector General of Police terminating his services from the Police Department.

(2.) THE applicant was appointed as a temporary Sub-Inspector of Police from 1st january 1959, in further orders. The order of appointment mentioned that his services were liable to be terminated at any time on one month's notice. On 16th march 1964 a Gazette Order, No. 319/64, was issued by the office of the Inspector general of Police under the signature of the Deputy Inspector General of Police confirming as many as 209 probationary/temporary Sub-Inspectors with effect from the dates shown against their names. The petitioner's name was included in this list of Sub-Inspectors, and he was shown to have been confirmed with effect from 1st January 1961. In the meantime, on 7th March 1964 the Inspector general of Police passed an order for serving the petitioner with a notice for the termination of his services on the expiry of one month from the date of service of the notice on him. Accordingly a notice was served on the petitioner on 7th April 1964. On 14th May 1964, the inspector General of Police made another order saying that the petitioner's services "stand terminated from the Police Department with effect from 7-3-84 FN on the expiry of the period of one month's notice of termination which was served on him on 7-4-64. " In that order the applicant was described as "temporary Sub-Inspector". On 30th March 1964 a corrigendum was issued by the office of the Inspector General of Police, under the signature of the deputy Inspector General of Police, deleting the name of the petitioner from the list of Sub-Inspectors confirmed by the Gazette Order No. 319/64 dated the 16th march 1964. The order and the list of the Sub-Inspectors confirmed, which did not contain the name of the applicant, were published in the Madhya Pradesh Police gazette of 1st April 1964.

(3.) THE petitioner's contention is that the Inspector-General of Police having confirmed him as Sub-Inspector on 16th March 1984 with effect from 1st January 1961 could not thereafter treat him as a temporary employee and discharge him from service after giving one month's notice; that he had no power to cancel the confirmation and relegate him to the position of a temporary Sub-Inspector; and that the termination of his services after giving one month's notice amounted to his removal from service in violation of Article 311 (2) of the Constitution,