UNION OF INDIA Vs. K BALAKRISHNAN KANI
SUPREME COURT OF INDIA (FROM: KERALA)
UNION OF INDIA
K Balakrishnan Kani
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(1.)This appeal by special leave by the Union of India is directed against the judgment of the Kerala High court accepting a writ petition of the respondent and vacating the termination order of his service passed under the proviso to Rule 5 (1 of the central Civil Services (Temporary Service) Rules, 1965. The respondent was a Peon in the establishment of the Customs Collectorate at Cochin and the post was admittedly temporary. After a couple of months of service, his employment was terminated by the impugned order. The order of termination specifically quotes the authority of the rule referred to above. It is not disputed that the rule permits such termination. There is no indication of any stigma in the order. The High court, in our opinion, definitely went wrong in passing the order saying that no reasons have been given in support of theorder of termination. Quotation of the rule should have been taken as a sufficient reason and nothing more should have been looked for. The appeal is allowed and the impugned order of the High court is set aside. No costs.
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