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High Court of Kerala
P.T. Raman Nayar, P. Govindan Nair, JJ.
Commodore Commanding Cochin - Appellant
Versus
V N Rajan - Respondent
W.A. No. 620 of 1969
Decided On : 18-07-1969
Art.16 - Central Civil Service (Temporary Service) Rules, 1965 - Violation of Art.16 of the Constitution
Fact of the Case:
The appellant terminated the respondent's services under R.3 of the Central Civil Service (Temporary Service) Rules, 1965 without providing any valid reason.
Finding of the Court:
The court found that the appellant's action was violative of Art.16 of the Constitution, as no valid reason for termination was provided.
Issues: Violation of Art.16 of the Constitution
Ratio Decidendi: The termination of services under R.3 of the Central Civil Service (Temporary Service) Rules, 1965 must be supported by valid reasons such as administrative convenience, unsatisfactory work or conduct, or retrenchment.
Final Decision: Appeal dismissed.
P. Govindan Nair, J.
1. No reason at all was as much as alleged, far less shown, why the appellant chose to terminate the respondent's services under R.3 of the Central Civil Service (Temporary Service) Rules, 1965, such as that it was administratively convenient to do so, or that the respondent's work or conduct was unsatisfactory or again (what was admittedly not the case here) that it was a case of retrenchment and the respondent was chosen for some relevant reason such as that he was the junior most. The learned single judge was therefore quite right in holding that the appellant's action was violative of Art.16 of the Constitution and it seems to us that Champaklal v Union of India AIR 1964 SC 1854 fully supports this stand.
2. Appeal dismissed.
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