The termination of a temporary employee without stigmatizing consequences does not violate Art. 311(2) of the Constitution.

1. The petitioner was appointed on 12th May, 1956 on a temporary post of Assistant Consolidation Officer. By the order dated 19th January. 1967 (Annexure 4 to the petition) passed by the Consolidation Commissioner, Uttar Pradesh, petitioner's services were terminated on payment of one month's salary. Petitioner represented against a sudden termination of his services to the Board of Revenue but his representation was rejected by the order dated 10th November, 1967. Petitioner has challenged the validity of the order dated 19th January, 1967 in this writ petition inter alia on the ground that by putting in about eleven years' service he had acquired a quasi - permanent status and as the impugned order amounts to an order of punishment, it violates Art. 311 (2) of the Constitution because the petitioner has not been afforded a reasonable opportunity to show cause against it. In the petition it has been alleged further that the opposite party No. 2, the Settlement Officer (Consolidation), Gorakhpur, was ill - disposed towards the petitioner and had submitted confidential false reports against him to the Deputy Director and had thus, manipulated to get the order of termination of his services. In the counter - affidavit filed by the opposite party No. 2, it has been stated that the petitioner was appointed on a temporary post of Assistant Consolidation Officer, that throughout his service he had remained a temporary employee and that his services were terminated by giving him one month's salary in lieu of one month's notice. It has been averred further that the petitioner's allegation that opposite party No. 2 was biased against him in any manner is incorrect and whatever report he had sent to his superior officers regarding the performance of the petitioner was in response to his duties and the Deputy Director during one of his visits to Gorakhpur had put some verbal questions regarding some cases decided by him but neither any charges were framed against the petitioner nor any punishment had been awarded to him.

2. Learned Counsel for the petitioner has urged that the background, as narrated in the writ petition, in which the impugned order was passed, indicates that it is not an innocuous order but one which amounts to an order of punishment and as such is hit by Art.311 (2) of the Constitution. Learned counsel has added further that as the opposite party No. 2, the Settlement Officer (Consolidation), was prejudiced against the petitioner, he has manipulated to obtain the impugned order dispensing with his services by submitting incorrect reports to the superior authorities of the department. I, however find no force in any one of these contentions.

3. Opposite party No. 2 in his counter - affidavit has denied that he was biased against the petitioner or that in sending his reports to the superior authorities regarding the petitioner's performance, he had acted mala fide. In paragraph 11 of the petition, it is mentioned that the opposite party No. 2 had given good remarks to the petitioner in his inspection notes. That shows that the allegation that opposite party No. 2 was biased against him, has no substance.

4. In paragraph 3 of the petition it is admitted that "the petitioner's services were only to be terminated by one month's notice or one month's pay in lieu thereof." Admittedly, therefore, the petitioner was a temporary hand and had continued as such during the course of his service. The contention of the learned counsel that by putting in eleven years' service, though in a temporary capacity, the petitioner has acquired a quasi - permanent status is wholly erroneous in law because the status of the petitioner remained the same in spite of his length of service.

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