RAMESH CHANDRA BARAL Vs. SETTLEMENT OFFICER, DHENKANAL

JUDGEMENT

(1.) The petitioner was appointed as an Amin in Dhenkanal-Keonjhar Major Settlement in 1962 on a monthly pay of Rs. 40.00 with usual dearness allowance. On 4th Dec., 1965 he was promoted as Inspector Grade III on a monthly pay of Rs. 95.00. On 17th Dec., 1965 certain charges for misconduct were framed against him by the Settlement Officer, Dhenkanal-Keonjhar Major Settlement (opposite party No. 1). Charges were answered and a departmental proceeding was held. An enquiry was held by the Charge Officer who submitted Enquiry Report (Annexure 1) dated 26th March, 1966. The petitioner was discharged from service by the order (Annexure 3) which runs thus:

(2.) The sole question for consideration is whether a second show cause notice, as prescribed under Art. 311 (2), is essential in this case.

(3.) There is no dispute that the petitioner was temporarily appointed. Annexure 8 dated 23rd Oct., 1962 shows that the petitioner's services may be terminated at any time without giving him prior notice. If the petitioner's services would have been terminated in terms of the contract of employment, the petitioner would have no case. But he has been discharged from service on a charge of misconduct having been proved against him. Law is now well settled that if any punishment is imposed on temporary Government employee or any stigma is east on him at the time of termination of his service, then he is entitled to an enquiry as prescribed under Art. 311 (2). Admittedly in this case there is a violation of that procedure inasmuch as a second show cause notice was not served on the petitioner regarding the proposed punishment before the punishment was imposed. The writ application must therefore, be allowed if it is established by the petitioner that he holds a civil post under the State of Orissa.