SH. HUKAM CHAND KHUNDIAversusCHANDIGARH ADMINISTRATION AND ANR.

                                                                                 ..
A                  SH. HUKAM CHAND KHUNDIA
                               r.
               CHANDIGARH ADMINISTRATION AND ANR.

                               OCTOBER 9, 1995

B                   [G.N. RAY AND G.T. NANAVATJ, J.J.]


          Se1vice Law :

        Tempora1y se1vice--P1Vbatio11--Employee's se1vices found unsatisfac-
C t01y-Tennination simplicitor without e11q11i1y-Held 011 facts order was not
  by way ofpunishme11t-Hence not violative of A1tic/e 311.

          The appellant was appointed as a temporary clerk by District and
    Sessions Judge, Chandigarh. However, during probation period his ser-
D   vices were found not satisfactory by various judicial oflicers under whom
    he worked. Consequently, an order terminating his services was passed
    without conducting an enquiry. The petitioner unsuccessfully challenged
    this order before the Central Administrative Tribunal, New Delhi.

          In appeal to this Court it was contended that the termination order
E which was in fact by way of punishment, was violative of Article 311 of the
    Constitution as it \l'as passed without conducting an enquiry.

          Dismissing the appeal, this Court

F          HELD : No dist:rin1inatory treatinent has been meted out to the
    petitioner. His sen ices \\'ere found unsatisfactory and as he was holding
                          1



    a ten1porary post and was on probation, an order of termination
    simplicitor was passed without attaching any stigma against him. The
    termination order is not arbitrary and capricious. In the aforesaid facts
    it cannot be said that in reality an order of punishment was passed
G   in the cloack or pretence of termination simplicitor without holding
    any departmental proceeding thereby violating Article 311 of the Con-
    stitution. [147-G-H, 148-A-B]

         CIVIL APPELLATE JURISDICTION : Special Leave Petition (C)
H   No. 6503 of 1986.
                                       146                                        '
                H.C. KHUNDIA v. CHANDIGARH ADMN.                         147

      From the Judgment and Order dated 23.4.86 of the Central Ad-              A
ministrativc Tribunal al Chandigarh in Case No. 19 of 1986.

      P.P. Rao and Rajesh for the Petitioner.

      In-person (N.P) for the Respondents.
                                                                                B
      The following Order of the Court was delivered :

      The order of termination of the service of the petitioner was chal-
lenged by filing an application under Section 19 of the Administrative
Tribunal Act, 1985 before the Central Administrative Tribunal, New Delhi.
Such application has been dismissed by the impugned order. The applicant
                                                                                c
was appointed as a temporary clerk by the District and Sessions Judge,
Chandigarh, vide order dated March 17, 1982. He was continuing in
temporary service on probation but it appears that his service was not
found satisfactory and as a matter of fact on a number of occasions he was
found by the successive judicial officers under whom the appellant was          D
working that his integrity was questionable. Considering his service records,
the temporary service of the applicant has been terminated.

      Mr. P.P. Rao, the learned senior counsel appearing for the petitioner
has submitted that if termination has in fact been effected by way of           E
punishment; the real purpose of the order and not the outer form of it, is
required to be looked into by piercing the veil. He has submitted that if on
the score of misconduct, the service, is terminated without holding any
departmental proceeding and giving the petitioner 'a chance of showing
cause, the order of ex-pa1te termination of service on the ground of n1is-
conduct is illegal and void. Even in the case of temporary service, the
                                                                                F
provisions of Article 311 of. the constitution of India is applicable. Jn
support of such contention, reference has been made to the decision of this
Court in Jamai/ Singh and 01'. Etc. v. State of Punjab, [1986] 2 SCR 1022.
It, however, appears to us that no discriminatory treatment has been
meted out to the petitioner as was done to the employee concerned in the        G
said decision. It appears that the service of the petitioners was found
unsatisfactory for the reasons indicated hereinbefore. Since the petitionc1
was holding a temporary service and was on probation, an order of ter-
mination simplicitor has been passed without attaching any stigma against
him. As the service ·records were found unsatisfactory, the termination         H
    148                  SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R.              .
A   order cannot be held arbitrary and capricious. In the aforesaid facts, we
    do not think that in reality an order of punishment has been passed against
    the petitioner in the cloack or pretence of termination simplicitor without
    holding any departmental proceeding thereby violating Article 311 of the
    Constitution. We, therefore, find no merit in this petition and the same is
    dismissed.
B
    T.N.A.                                                  Appeal dismissed.