- (1.)THIS is a second appeal by the plaintiff whose services were terminated by the Collector and he filed a suit which has given rise to this appeal for a declaration that the order of the Collector dated 33 October 1958 terminating his services was void, ineffective and was not binding upon the plaintiff.
(2.)THE facts of the case are not in dispute, that the plaintiff had been employed several times by the collector of Fatehpur as an extra typist according to the needs at the time and was paid out of contingency funds. In 1958 several charges were framed against the plaintiff and they were enquired into. The collector came to the conclusion that all the charges were proved against him and before coming to that conclusion a full opportunity was given to the plaintiff. After coming to the conclusion that the charges had been proved, the collector observed as follows: As discussed above I find that all the charges except charges 3 and 7 are proved against Lakhan Lal. He is found guilty of failure to discharge his duty properly. He is a temporary hand and an outsider and is not an approved candidate even for paid apprenticeship. In view of the above observations it would not be desirable in the interest of Government work to retain his services any longer. His services are, therefore, terminated with effect from 1 November 1958. . . .
(3.)ON behalf of the defendant the main contention was that the plaintiff was not a civil servant and was not entitled to the benefits of Article 311 of the Constitution. The reason for this contention was that he had been employed by the collector according to his discretion to be paid out of contingency fund. The plaintiff was not employed on any Government post and was not under the control of the Government either for appointment or dismissal. He was therefore, not a Government servant at all and Article 311 had no application to his case. Both the Courts below have accepted that defence and have dismissed the plaintiff's suit against which the present second appeal has been filed.