- (1.) This is an appeal by special leave. The appellant was employed on the production side of the Uttar Pradesh State Handloom Corporation, a public sector undertaking, (hereinafter referred to as 'Corporation' for short) on temporary basis. Having been appointed on 30-10-1976 as Bunker Sewa he obtained two promotions while still working in temporary status and by 1983 was working as Deputy Production Manager. The appellant's letter of appointment, as far as material, stated :- "With effect from the date of taking over charge Shri Rabindra Kumar Mishra .................is hereby appointed as Bunker Sewa..............on the following terms and conditions :- (1) That his appointment is temporary and his services are liable for termination with one month's notice or one month's pay in lieu of notice from either side ............". On 22-11-1982 the appellant was placed under suspension and that order read as follows :- "As a result of preliminary enquiries made by the Central Manager on 13-11-1982 of the Production Centre, Kunda and other Centres under the same, it has come to notice that Shri R. K. Misra, former Dy. Production Manager, Kunda, is responsible for misconduct, dereliction of duty, mismanagement and showing fictitious production of terrycot cloth. He is, therefore, placed under suspension with immediate effect................". (Underlings are ours).
(2.) On 1-2-1983 the order of suspension was revoked and on 10-2-1983 the impugned order terminating his services being to the following effect was passed. :- "The undersigned hereby gives notice to Shri R. K. Misra, Deputy Production Manager, Production Centre, Kunda, Pratapgarh, Salon Rai Bareilly that his services are no more required and his service will be deemed to be terminated from receipt of this notice by him. It is directed that he will be entitled to receive one month's salary in lieu of notice period on the same rate on which he was receiving salary before termination of his service."
(3.) The appellant challenged the order of termination of his service before the Allahabad High Court but the High Court declined to interfere by holding that the termination was not punitive and the question of breach of principles of natural justice did not arise.;