OM PRAKASH Vs. SUPERINTENDENT OF POST OFFICES, KASHMIR

JUDGEMENT

(1.) The petitioner asks for a writ of certiorari to quash the order of the Superintendent of Post Offices Kashmir Division dated 21/10/1959 made under rule 5 of the Central Civil Services (Temporary Service) Rules, 1949, whereby the service of the petitioner was sought to be terminated from the forenoon of 24 -11 -1959.

(2.) The petitioner alleges that he joined duty on 1/11/1957 as a clerk in the Post Office at Jammu. His work was good and satisfactory except for a small slip he made some time in June 1958. His appointment was against a clear vacancy and was as such of a permanent nature. The respondent, the Superintendent of Post Offices, however, sought to terminate his service with effect from 24 -11 -59 by issuing an order under rule 5 of the Temporary Service Rules, 1949. These rules did not apply to the petitioner who was a permanent Government servant. The petitioner was not afforded any opportunity to show cause against the termination of his service. This was contrary to the mandatory provisions of Art. 311 of the Constitution of India. The principles of natural justice have also been grossly violated by the impugned order.

(3.) THE respondent counters these allegations on the ground that the petitioner was only a temporary servant to whom the Temporary Service Rules, 1949, applied. Rule 5 of those rules provided for the termination of the services of a temporary employee by giving him a months notice. The impugned order was, therefore, well -founded. No punitive action was taken against the petitioner;. Art. 311 of the Constitution, therefore, did not come into play, and the petitioners application for writ is misconceived.