VIGILANCE MANUAL VOLUME III - AP Online

214 DECISION -18
evidence on which he relies, that the evidence of the opponent should
have been taken in his presence, and he should be given the
opportunity of cross-examining the witnesses of that party and that
no materials should be relied on against him without his being given
an opportunity of explaining them. If these rules are satisfied, the
enquiry is not open to attack on the ground that the procedure laid
down in the Evidence Act for taking evidence was not strictly followed.
(18)
(A) Termination — of contractual service
No distinction between termination of service under
terms of a contract and termination in accordance
with conditions of service and such termination does
not amount to dismissal or removal attracting Art.311
of Constitution.
(B) Reversion — from temporary post
Reversion from temporary post per se does not
amount to reduction in rank.
Hartwell Prescott Singh vs. State of Uttar Pradesh,
AIR 1957 SC 886
The appellant was appointed from time to time in a temporary
capacity to the Subordinate Agricultural Service of the Uttar Pradesh
Government by the Director of Agriculture. While he was still in the
Subordinate Agricultural Service, he was appointed to officiate in the
Uttar Pradesh Agricultural Service Class II as a Divisional
Superintendent of Agriculture with effect from 25-4-44 and he served
as such in a temporary capacity for about ten years, when he was
reverted to his original appointment in the Subordinate Agricultural
Service by an order of the Uttar Pradesh Government dated 3-5-54.
The appellant protested and handed over charge and went on leave.
In the meanwhile, a notice dated 13-9-54 terminating his service in
the Subordinate Agriculture Service was issued by the Director of
Agriculture on expiry of one month from date of receipt of the notice.