Shri Hukam Chand Khundia Vs. Chandigarh Administration and Anr.
EmailAppeal: Special Leave Petition (Civil) No. 6503 of 1986
Petitioner: Shri Hukam Chand Khundia
Respondent: Chandigarh Administration and Anr.
Apeal: Special Leave Petition (Civil) No. 6503 of 1986
Judges: G.N. RAY & G.T. NANAVATI, JJ.
Date of Judgment: Oct 09, 1995
Head Note:
SERVICE LAWS
Temporary service on probation – Termination of service – Held that as service records were found unsatisfactory, the termi-nation order cannot be held as arbitrary and capricious – not an order of punishment and without stigma.
Temporary service on probation – Termination of service – Held that as service records were found unsatisfactory, the termi-nation order cannot be held as arbitrary and capricious – not an order of punishment and without stigma.
Held:
It, however, appears to us that no discriminatory treatment has been meted out to the petitioner as was done to the employee concerned in the said decision. It appears that the service of the petitioner was found unsatisfactory for the reasons indicated hereinbefore. Since the petitioner was holding a temporary serv-ice and was on probabtion, an order of termination simplicitor has been passed without attaching any stigma against him. As the service records were found unsatisfactory, the termination order cannot be held arbitrary and capricious. In the aforesaid facts, we do not think that in reality an order of punishment has been passed against the petitioner in the cloack or pretence of termi-nation simplicitor without holding any departmental proceeding thereby violating Article 311 of the Constitution.(Para 2)
Cases Reffered:
Jarnail Singh and Ors. etc. v. State of Punjab 1986 (2) SCR 1022 (Para 2)
JUDGEMENT:
O R D E R
1. The order of termination of the service of the petitioner was challenged by filing an application under Section 19 of the Administrative Tribunal Act, 1985 before the Central Administra-tive Tribunal, New Delhi. Such application has been dismissed by the impugned order. The applicant was appointed as a temporary clerk by the District and Sessions Judge, Chandigarh, vide order dated March 17, 1982. He was continuing in temporary service on probation but it appears that his service was not found satisfac-tory and as a matter of fact on a number of occasions he was found by the successive judicial officers under whom the applic-ant was working that his integrity was questionable. Considering his service records, the temporary service of the applicant has been terminated.
2. Mr. P.P. Rao, the learned senior counsel appearing for the petitioner has submitted that if termination has in fact been effected by way of punishment, the real purpose of the order and not the outer form of it, is required to be looked into by pierc-ing the veil. He has submitted that if on the score of miscon-duct, the service, is terminated without holding any departmental proceeding and giving the petitioner a chance of showing cause, the order of ex parte termination of service on the ground of misconduct is illegal and void. Even in the case of temporary service, the provisions of Article 311 of the Constitution of India is applicable. In support of such contention, reference has been made to the decision of this Court in Jarnail Singh and Ors. etc. v. State of Punjab (1986 (2) SCR 1022). It, however, appears to us that no discriminatory treatment has been meted out to the petitioner as was done to the employee concerned in the said decision. It appears that the service of the petitioner was found unsatisfactory for the reasons indicated hereinbefore. Since the petitioner was holding a temporary service and was on probabtion, an order of termination simplicitor has been passed without attaching any stigma against him. As the service records were found unsatisfactory, the termination order cannot be held arbitrary and capricious. In the aforesaid facts, we do not think that in reality an order of punishment has been passed against the petitioner in the cloack or pretence of termination simplici-tor without holding any departmental proceeding thereby violat-ing Article 311 of the Constitution. We, therefore, find no merit in this petition and the same is dismissed.
1. The order of termination of the service of the petitioner was challenged by filing an application under Section 19 of the Administrative Tribunal Act, 1985 before the Central Administra-tive Tribunal, New Delhi. Such application has been dismissed by the impugned order. The applicant was appointed as a temporary clerk by the District and Sessions Judge, Chandigarh, vide order dated March 17, 1982. He was continuing in temporary service on probation but it appears that his service was not found satisfac-tory and as a matter of fact on a number of occasions he was found by the successive judicial officers under whom the applic-ant was working that his integrity was questionable. Considering his service records, the temporary service of the applicant has been terminated.
2. Mr. P.P. Rao, the learned senior counsel appearing for the petitioner has submitted that if termination has in fact been effected by way of punishment, the real purpose of the order and not the outer form of it, is required to be looked into by pierc-ing the veil. He has submitted that if on the score of miscon-duct, the service, is terminated without holding any departmental proceeding and giving the petitioner a chance of showing cause, the order of ex parte termination of service on the ground of misconduct is illegal and void. Even in the case of temporary service, the provisions of Article 311 of the Constitution of India is applicable. In support of such contention, reference has been made to the decision of this Court in Jarnail Singh and Ors. etc. v. State of Punjab (1986 (2) SCR 1022). It, however, appears to us that no discriminatory treatment has been meted out to the petitioner as was done to the employee concerned in the said decision. It appears that the service of the petitioner was found unsatisfactory for the reasons indicated hereinbefore. Since the petitioner was holding a temporary service and was on probabtion, an order of termination simplicitor has been passed without attaching any stigma against him. As the service records were found unsatisfactory, the termination order cannot be held arbitrary and capricious. In the aforesaid facts, we do not think that in reality an order of punishment has been passed against the petitioner in the cloack or pretence of termination simplici-tor without holding any departmental proceeding thereby violat-ing Article 311 of the Constitution. We, therefore, find no merit in this petition and the same is dismissed.
