Bikramjit Singh v. Union Of India And Others

Bikramjit Singh v. Union Of India And Others

(Supreme Court Of India)

Civil Appeal No. 62 Of 1983 | 11-01-1989

1. This appeal is directed against the order of the High Court of Delhi dated July 22, 1982 dismissing the appellants writ petition made under Article 226 of the Constitution of India challenging the validity of the order dated March 27, 1982 terminating his services in pursuance of sub-rule (1) of Rules 5 of the Central Civil Services (Temporary Services) Rules, 1965

2. After hearing learned counsel for the parties, we do not find any infirmity in the order of termination. Appellants services were terminated as his work and performance in service was not found satisfactory, inasmuch as he had been obtaining leave from 1973 to 1981 as follows

1973 - 198 days

1974 - 114 days

1975 - 154 days

1976 - 137 days

1977 - 207 days

1978 - 126 days

1979 - 97 days

1980 - 177 days

1981 - 270 days

3. The above statement would show that for the major part of his service career, he has been on leave. This indicates that he was not interested in doing work. Admittedly the appellant was a temporary employee and his services could have been terminated by giving him one months notice in accordance with the rules.

4. We find no merit in the appeal, which is, accordingly, dismissed. There will be no order as to costs.

Advocate List
Bench
  • HON'BLE JUSTICE K. JAGANNATHA SHETTY
  • HON'BLE JUSTICE K. N. SINGH
  • HON'BLE JUSTICE KULDIP SINGH
Eq Citations
  • (1989) SUPPL. 2 SCC 530
  • LQ/SC/1989/15
Head Note

Constitution of India — Art. 136 — Maintainability — Appeal against High Court's dismissal of writ petition — Impugned order — Validity of — Appellant's services terminated as his work and performance in service was not found satisfactory inasmuch as he had been obtaining leave from 1973 to 1981 as follows — Held, appellant was not interested in doing work — Admittedly appellant was a temporary employee and his services could have been terminated by giving him one months notice in accordance with rules — Central Civil Services Temporary Services Rules, 1965 — R. 5(1) — Service Law — Public Service — Termination of service — Temporary employee