M.K. Arumugham vs The Municipal Health OFFICER, Cuddalore, S. Arcot Dt. and others.

Veeraswami, J.—This petition is to quash an order of the Municipal Health Officer, Cuddalore, dated 29th April, 1960 terminating the services of the petitioner. It is explicit ex facie the order that the petitioner was appointed temporarily under R. 9 (1) of the Public Health Establishment (L.A.) Regulations. Being a temporary appointment it is subject to termination and the provisions of Art. 311 have no application thereto. It is, however, stated that inasmuch as in the order the Health Officer mentions that the petitioner''s work and conduct were not satisfactory, the Article is attracted. I am unable to accept this contention. The intention of the order was certainly not to impose any punishment upon the petitioner. It is only in such a case it can be said that the protection under Art. 311 is available to him. It is true that the order mentioned that the petitioner''s work and conduct were not satisfactory. There was also a reference in the order that the petitioner had been convicted by the Additional First Class Magistrate, which conviction came within the purview of R. 31 of the said Regulations. Nevertheless the point is that the termination was not by way of a punishment. That being the case the other observations contained in the order are innocuous from the standpoint of Art. 311 . The petition is dismissed.