A temporary government servant is not entitled to the protection of Article 311 (2) of the Constitution if the order of discharge is not an order of dismissal or removal within the meaning of Article 311.

Judgment

RAMASWAMI, J.

( 1 ) THIS appeal is brought from the judgment of the Punjab High court, dated 3/11/1965 in Letters Patent Appeal No. 21-D of 1965

( 2 ) THE appellant-A. G. Benjamin-was temporarily employed as a Stores Officer in the central Tractor Organisation with effect from 14/09/1949. As he was not a confirmed government servant. his services could be terminated under Rule 5 of the central Civil service (Temporary Service) Rules 1949 with one months notice on either side. Under this rule the services of the appellant were terminated on 23/04/1954, the date on which the notice was served upon him. It appears that there were certain complaints made against the appellant while he was employed as Stores Officer in the central Tractor organisation. In respect of these complaints the Chairman of the central Tractor Organisation sent a notice to the appellant asking him to show cause why disciplinary action should not be taken against him. At first Sri Bhagwan Singh, Deputy Chairman of his Organisation was appointed as Enquiry Officer, but on his transfer Sri R. N. Mathur, was appointed on 13/08/1953 to conduct the enquiry. Before the enquiry could be completed, the Chairman recommended that the services of the appellant should be terminated under Rule 5 of the central Civil Service (Temporary Service Rules, 1949 by granting him one months salary in lieu of notice. In his note to the secretary the Chairman observed that the departmental proceedingswill take a much longer time and we are not sure whether after going through all the formalities we will be able to deal with the accused in the way he deserves. The Chairman therefore, suggested that action should be taken under Rule 5 for termination of the services of the appellant after one months notice or salary in lieu thereof. The recommendation was accepted by the Minister and in consequence the impugned order dated 23/04/1954, was passed by the Chairman. The material part of this order reads as follows:-"shri A. G. Benjamin, Stores Officer, central Tractor Organisation, is informed that his services are no longer required in this organisation. His services will accordingly stand terminated with effect from the date on which this notice is served on him. In lieu of the notice for one month due to him under rule 5 of the central Civil Services (Temporary Service) rules, 1949, Shri Benjamin will be given pay and allowances for that period". Thereafter the appellant tiled a suit on 28/03/1955 for a declaration that the order of discharge was illegal as it was in violation of the provisions of Art. 311 of the Constitution. The suit was dismissed by the trial court which held that the order of termination was not tantamount to a dismissal or removal and the provisions of Art. 311 were not attracted. The decree of the trial court was affirmed in appeal by the Senior Subordinate Judge of Delhi. The appellant preferred a Second Appeal to the Punjab High court-R. S. A. 249-D/62 -which was allowed by Jindra Lal J. who granted a decree to the appellant that the order of the Union government dated 23/04/1954 terminating the services of the appellant was ultra vires and illegal. The Union of India took the matter in appeal under Letters Patent and the order of Jindra Lal, J. was set aside by the Letters Patent bench and the suit of the appellant was dismissed.

( 3 ) THE question to be considered in this appeal is whether the order of the Union government dated 23/04/1954 is an order by which punishment has been inflicated upon the appellant and whether it is consequently an order of dismissal or removal within the meaning of Art. 311 of the Constitution.

( 4 ) IT is now well established that temporary government servants are also entitled to the protection of Art. 311 (2) in the same manner as permanent government servants, if the government takes action against them by meeting out one of the three punishments i. e. dismissal, removal or reduction in ranks: [see (1) Parshotam Lal Dhin