Mootham, C.J. - (1.) This is an appeal from an order of Mr. Justice Mehrotra dated the 20th August, 1957. The appellant was a temporary clerk employed by the State Government, his contract of service being terminable by a month's notice or by payment of a month's salary in lieu of notice. On the 25th October, 1955, the collector of Rampur made an order terminating the services of the appellant. The concluding paragraph of that order reads thus: "Considering all the aspects of the matter I think the best course for us is to get rid of him and leave him free to find employment elsewhere if he can. Shri Goel is a temporary employee whose services are liable to termination on one month's notice on either side. His services are, therefore, terminated on giving one month's notice. An order to this effect will be served on him with immediate effect. Instead of allowing him to work during the period of notice he may be given a month's pay in lieu of notice."
(2.) The appellant says that a copy of this order was supplied to him on the 24th November, 1955, and on the 14th February, 1956, he filed a petition in this Court challenging the validity of the order substantially on the ground that it amounted to an order of dismissal, and that as he had not been afforded the requisite opportunity of showing cause against the action proposed to be taken against him the provisions of Article 311 of the Constitution were contravened. The learned Judge dismissed the petition and the appellant now appeals.
(3.) It will he observed that in the portion of the order which we have quoted the Collector states that an order "will be served" on the appellant terminating his services, and upon our asking the learned Advocate for the appellant whether any such order was in fact issued he has furnished the Court with the actual order which was served upon the appellant. It reads thus: ".....................No. 496/31-10-1955 Sri M. P. Goel, Head Clerk Kham. Under his orders dated 28-10-1955 the Collector has ordered that your services may be terminated on one month's notice. It has been decided to give you one month's pay in lieu of notice and to terminate your services forthwith. You may please hand over charge immediately on receipt of this notice. O. C. Kham".;