VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 57
273
Rule 7(2) of the relevant rules provided that in conducting the enquiry,
the Tribunal shall be guided by rules of enquiry and natural justice
and shall not be bound by formal rules relating to procedure and
evidence.
The judgment of the Tribunal shows that it considered several
facts and circumstances in dealing with the identity of the individual
indicated by the expression Chhatarpur Saheb. Whether or not the
evidence on which the Tribunal relied was satisfactory and sufficient for
justifying its conclusion, would not fall to be considered in a writ petition.
That in effect is the approach initially adopted by the High Court at the
beginning of its judgment. However, in the subsequent part of the
judgment the High Court appears to have been persuaded to appreciate
the evidence for itself and that is not reasonable or legitimate. It is
difficult to accept the view that there is no evidence in support of the
conclusions recorded by the Tribunal against the respondent.
(57)
Termination — of temporary service
Where employment of a temporary Government
servant liable to be terminated by notice of one
month without assigning any reasons is not so
terminated, but instead an inquiry is held, termination
of service is by way of punishment attracting Art.
311(2) of Constitution.
Madan Gopal vs. State of Punjab,
AIR 1963 SC 531
The appellant was appointed as Inspector Consolidation by
order dated 5-10-53 of Settlement Commissioner of the Patiala and
East Punjab States Union “on temporary basis and terminable with
one month’s notice”. On 5-2-55, the appellant was served with a
charge sheet by the Settlement Officer, Bhatinda that he received
illegal gratification from one person and demanded illegal gratification
from another. The appellant submitted his explanation and the
Settlement Officer submitted his report to the Deputy Commissioner,
Bhatinda that the charge of receiving illegal gratification was proved.