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1969 Supreme(Del) 166

S.N.ANDLEY, HARDAYAL HARDY
Rajendra Sareen – Appellant
Versus
State of Haryana – Respondent


Advocates:
S.N. Chopra and P.P. Rao, for Petitioner; C.D. Dewan and Rameshwar Dial, for Respondents.

Judgement

JUDGMENT:- The petitioner's challenge in this petition under Article 226 of the Constitution is to an order dated 31st October, 1968 whereby his services were terminated with effect from the date of receipt of the communication bearing the same date addressed to him by the Under Secretary Protocol and Publicity, Government of Haryana, on behalf of the Chief Secretary to the said Government. The communication further stated that one month's salary in lieu of the period of notice was being allowed to the petitioner.

2. The grounds on which the validity of the above order is challenged by the petitioner are (1) that he being a permanent Government servant, the order terminating his services amounts to dismissal and therefore contravenes the provisions of Article 311 of the Constitution, (2) that even if he is held to be a temporary Government servant his appointment being conterminous with the post held by him, the termination of his service while the post is still in existence would contravene Article 311 of the Constitution and (3) that in any event the order terminating his services is vitiated by mala fides on the part of Shri Bansi Lal, Chief Minister Haryana State, who



































































































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