- (1.) The appellant was serving as a temporary M.V. Mechanic skilled in the post and Telegraph Motor Service, Calcutta. A police case was started against him. The senior Manager of the Motor Service placed him under suspension in the exercise of his powers under Rule 10 (1) of the Central Civil Service (Classification, Control and Appeal) Rules, 1965. On the 21st September 1970, the order of suspension was revoked and on that date the senior Manager in pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rues, 1965 terminated his services and directed that he would be paid the sum equivalent to the amount of pay and allowance for the period of one month in lieu of the period of notice. The appellant made representations against the order but did not succeed.
(2.) The appellant obtained this Rule challenging his termination of service by the aforesaid order of the 21st September, 1970. The Rule ultimately came up for hearing before Mr. Justice Chittatosh Mokerjee. His Lordship by his judgment and order dated the 20th January, 1972, has discharged the Rule. This appeal is directed against the said judgment and order.
(3.) It is common case that the appellant was a temporary Government Servant who was not in quasi-permanent service. The respondent's case is, as we have said, that his service had been terminated under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. Rule 5 is as follows: - "(5) (1) (a) - The service of temporary Government servant who is not in quasi-permanent 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: (b) The period of such notice shall be one month ; Provided that the service of any such Government servant may be terminated forthwith by payment to him of a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services or as the case may be for the period by which such notice falls short of one month.";