- (1.) Priya Kumar Chatterji has filed this petition under Art. 226 of the Constitution. He prays that the order dated 3-4-1975 passed by Sri Mamraj Singh, terminating his service be quashed.
(2.) Petitioner was a temporary Government servant employed as a tracer in the Consolidation Department. On 3-4-1975 Sri Mamraj Singh, Settlement Officer Consolidation, acting under the rules applicable to temporary Government servants, gave a notice to the petitioner stating that his service was no more required and was to stand terminated with effect from the date of its receipt. The notice also mentioned that the petitioner was to be paid one month's wages in lieu of notice. Petitioner challenges the validity of the aforesaid notice on following grounds: (a) Impugned notice, terminating petitioner's service is invalid inasmuch as it seeks. to dismiss or remove the petitioner from service, without complying with the provisions of Art. 311 of the Constitution. (b) Sri Mamraj Singh, Settlement Officer Consolidation who gave the impugned notice was ill-disposed towards the petitioner. He issued the impugned notice on account of ill-will and for malafide reasons.
(3.) On behalf of the respondents it is submitted that the impugned notice s simple and innocuous notice terminating the service of a temporary Government servant, in accordance with the rules applicable to such servants and that Art. 311 of the Constitution has no application to the facts of the case. They also denied that Sri Mamraj Singh bore any ill-will towards the petitioner or that his action was actuated by malafide.;