VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 74
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superannuation which has been reasonably fixed, Art. 311(2) does
not apply, because such retirement is neither dismissal nor removal
of the public servant. If a permanent public servant is compulsorily
retired under the rules which prescribe the normal age of
superannuation and provide for a reasonably long period of qualifying
service after which alone compulsory retirement can be ordered, that
again may not amount to dismissal or removal under Art. 311(2).
But where, while reserving the power to the State to compulsorily
retire a permanent public servant, a rule is framed prescribing a proper
age of superannuation and another rule is added giving the power to
the State to compulsorily retire a permanent public servant at the
end of 10 years of service, that cannot be treated as falling outside
Art. 311(2). The termination of a permanent public servant under
such a rule, though called compulsory retirement, is in substance,
removal under Art. 311(2).
(74)
(A) Termination — of temporary service
(B) Preliminary Enquiry
(i) Preliminary enquiry is only for the satisfaction of
Disciplinary Authority to decide if disciplinary
proceedings should be held, and Art. 311 (2) of
Constitution is not attracted.
(ii) Termination of service of temporary employee
for unsatisfactory conduct, not void merely because
preliminary enquiry was held, and not violative of
Art. 16.
Champaklal Chimanlal Shah vs. Union of India,
AIR 1964 SC 1854
The appellant, Assistant Director, Office of the Textile
Commissioner, was served with a memorandum asking him to explain
certain irregularities and to state why disciplinary action should not be taken,
but without proceeding further his services were terminated. He contended
that the termination is violative of Arts. 16 and 311 of Constitution.