STATE OF U.P. AND ANR. versus RAM KISHORE AND ANR.

STATE OF U.P. AND ANR. versus RAM KISHORE AND ANR.

Termination of service of respondent under the terms of temporary appointment, after review of his performance, does not attract Article 311 as it was not punitive; thus, the order of termination was lawful.

Parties
Appellant: State of U.P.; Respondent: Ram Kishore
Jurisdiction
India
Judgment Date
31 August 1999
Procedural Posture
Civil Appeal / Appeal From High Court and Tribunal Decisions
Outcome
Appeals allowed; termination upheld
Legal Topics
Termination of Temporary Service, Article 311, Probationer Status, Unauthorised Absence, Conditions of Temporary Appointment
Service Law Constitutional Law Termination of Temporary Service Article 311 Probationer Status Unauthorised Absence Conditions of Temporary Appointment

Case Brief

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Parties

State of U.P.

Appellant

Ram Kishore

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court and Tribunal Decisions

Legal Issues

  1. 1 Whether Article 311 applies to termination of a temporary government servant under conditions allowing termination without notice
  2. 2 Whether the termination of respondent’s service was lawful under the terms of his temporary appointment

Ratio Decidendi

Termination of service of respondent under the terms of temporary appointment, after review of his performance, does not attract Article 311 as it was not punitive; thus, the order of termination was lawful.

Court Disposition

Appeals allowed; termination upheld

Orders

  • Impugned orders of the High Court and Tribunal are set aside
  • No order as to costs