SH. HUKAM CHAND KHUNDIA versus CHANDIGARH ADMINISTRATION AND ANR.

SH. HUKAM CHAND KHUNDIA versus CHANDIGARH ADMINISTRATION AND ANR.

As the petitioner's services were found unsatisfactory, and he was on temporary appointment and probation, the termination simplicitor without stigma was not by way of punishment and did not violate Article 311 of the Constitution. No departmental enquiry was required.

Parties
Petitioner: H.C. Khundia; Respondents: Chandigarh Administration and Another
Jurisdiction
India
Judgment Date
09 October 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appeal From Central Administrative Tribunal Order
Outcome
Appeal dismissed.
Legal Topics
Temporary Service, Probation, Termination Simplicitor, Departmental Enquiry, Article 311 of the Constitution
Service Law Temporary Service Probation Termination Simplicitor Departmental Enquiry Article 311 of the Constitution

Case Brief

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Parties

H.C. Khundia

Petitioner

Chandigarh Administration and Another

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appeal From Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether termination of a temporary probationary employee without departmental enquiry is violative of Article 311 of the Constitution.

Ratio Decidendi

As the petitioner's services were found unsatisfactory, and he was on temporary appointment and probation, the termination simplicitor without stigma was not by way of punishment and did not violate Article 311 of the Constitution. No departmental enquiry was required.

Court Disposition

Appeal dismissed.

Orders

  • Petition dismissed.