K.C.Agarwal, J. - (1.) This petition under Article 226 of the Constitution has been filed by Rajpal Singh, challenging termination order dated 16-2-1982.
(2.) The petitioner was recruited as a Civil Police by the Superintendent of Police Rampur in January 1981 and was sent for training at Recruit Training Centre, Moradabad. The petitioner joined the training centre on 9/10-2-1981. At the end of the training, the petitioner along with other trainees was appearing at the final examination on 16th November, 1981. The petitioner was found using unfair means during the examination held on 16th November, 1981. He was caught by the Superintendent of Police (Rural), Moradabad and according to the practice, the answer book was taken in custody. Subsequently, the petitioners service was terminated by the impugned order which reads as under : ...[VERNACULAR TEXT OMITTED]...
(3.) Challenging this order of termination the petitioners learned counsel urged that as his termination of service amounts to imposition of punishment, the order having been made without complying with Article 311(2) of the Constitution, was invalid. Admittedly, the petitioner had not been given any opportunity. The question that arises is whether the termination was by way of punishment and the said order was passed in breach of Article 311 of the Constitution. The order which was passed in the instant case was one of termination simpliciter without involving any stigma or penalty. The settled position of law is that a temporary government servant can be reverted if the authorities find him to be unsuitable the post in which he had been appointed. The counter affidavit filed on behalf of the respondents is that the petitioner had been found unfit and unsuitable and, therefore, his service was terminated on the ground that it was no longer required. For the respondents, reliance has also been placed on Rule 3 of U. P. Temporary Government Servant Service (Termination of Services Rules 19/5) Act. The said Rule reads as under "Termination of Service. - (i) Notwithstanding anything to the contrary in any existing rules or orders on the subject, the services of a Government servant in temporary service shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority, or by the appointing authority to the Government servant.";