KAMAL KISHORE Vs. ASSISTANT COMMISSIONER EXCISE AND TAXATION

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution is directed against en order of the Assistant Commissioner, Excise and Taxation, Sikar, by which the services of the petitioner were terminated under Rule 23a of the Rajasthan Service Rules.

(2.) THE petitioner Kamal Kishore was appointed as a lower division clerk in the office of the Assistant Commissioner, Excise and Taxation, Sikar, in a temporary capacity on 16 May 1958 (vide Ex. 1 ). He was allowed to continue In service on the came basis until 9 July 1962 when his services were terminated (see Ex. 2 ). The petitioner went up in appeal to the Deputy Commissioner, Excise and Taxation, but met with no success. He, therefore, preferred the present writ application questioning the order dated 9 July 1962, The attack against that order is twofold. In the first place, it is contended that the respondent Assistant Commissioner, Excise and Taxation, Sikar, was not competent to terminate his service under Rule 23a because he was a quasi-permanent employee of the State and his case fell within the exception recognized in that rule. In the second place the contention is that the order of his discharge is discriminatory within the meaning of Article 16 of the Constitution.

(3.) WE shall deal with these contentions in the order in which we have set them out above.