Shyam Lal Gupta vs The State and Another

V.D. Bhargava, J.—This is an application on behalf of a Petitioner who was in the service of the Municipal Board of Allahabad as a road supervisor. He was working, according to the allegations made in the affidavit, from -9-1944. His services have been terminated by an order of the Administrator dated 23-11-1955 by giving him three month''s notice. Thereafter he made a representation to the Administrator that he had been working honestly and his services have been wrongly terminated but that representation was also rejected on 21-4-1956. Aggrieved by that order the Petitioner has come to this Court and it has been urged on his behalf that there can be no termination of his services without misconduct that therefore this order is illegal order and should be set aside. The question of dismissal stands on a different footing with the termination of the services. In the case of a former a charge has to be framed and an opportunity has to be given to the person who is to be dismissed for defending himself. But in case of termination of services it is not necessary as no misconduct is alleged against the person concerned. I have not been shown any authority that the services cannot be terminated by giving proper notice. Article 311 of the Constitution is not applicable in the case of employees of the Municipal Board.

In the circumstances of the case I see no reason to admit this application and it is accordingly rejected.