VED PARKASH VOHRA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the order passed on 21st December, 1962 terminating the services of the petitioner Ved Parkash Vohra with immediate effect.

(2.) THE petitioner after having passed his B.Sc. (Civil Engineering) Examination in 1960 joined service of the Punjab Government as a Sub -Divisional Officer his selection having been approved by the Punjab Public service Commission. His appointment letter is annexure 'A' and was issued by the Secretary to the Punjab Government on the 27th of April, 1961. The appointment of the petitioner was made as a temporary Engineer and his services under paragraph 2 of this letter could have been terminated under the regulations governing the service. According to one of these regulations embodied in annexure R -2, his service was terminable "by 3 months' notice by the Government of the Punjab."

(3.) THE case of the petitioner is that though the order terminating his services was in accordance with the terms of the contract, in effect and substance, the order of discharge amounted to dismissal as it was brought about as a result of the criminal prosecution which was launched against him. It is well settled now that if the order of termination of service is a simple order of discharge in terms of the contract of service, the provisions of Article 311 of the Constitution are not attracted. If on the other hand the order even though it purports to be one of discharge is in fact an order which results in penal consequences, notice would be required under the provisions of Article 311 of the Constitution. In Jagdish Mitter v. The Union of India : A.I.R. 1964 S.C. 449, Chief Justice Gajendragadkar speaking for the Court observed that