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1976 Supreme(SC) 248

A. N. RAY, JASWANT SINGH, M. H. BEG
Union Of India – Appellant
Versus
K. S. Subramanian – Respondent


Advocates:
A.S.NAMBIYAR, GIRISH CHANDRA, L.N.Sinha, SHYAMALA PAPPU

JUDGMENT

BEG, J.:—This Union of India and the Commander, Officer-in-charge, Naval Base, Cochin, are the appellants before us by grant of special leave against a judgment and decree of a Division Bench of the High Court of Kerala. The Division Bench had affirmed the decision of a learned Judge of the High Court dismissing an appeal from a judgment and decree of a subordinate judge awarding Rs. 25,000/- as damages, together with interest @ 6% per annum, to the plaintiff-respondent for the illegal termination of the respondents services. The plaintiff-respondent was serving as a welder, Grade II, in the Civilian Defence Forces at the Naval Base, Cochin, at the time of this allegedly illegal termination of service by an order of 25th October, 1968, of the Govt. of India, Ministry of Defence.

2. Special leave was granted on condition that the appellant will bear the costs of the respondent in any event. The point of law sought to be canvassed before us is : Does the doctrine that a Central Govt. servant holds his post "at the pleasure of the President", contained in Article 310 of the Constitution, authorise the passing of an order of termination of services, without assigning any reason

















































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