VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 209
479
had started. If, however, the authority feels that there is sufficient
evidence and good grounds to proceed with the inquiry it can certainly
do so.
(209)
Termination — of temporary service
Termination of service of temporary employee on
ground of unsuitability in relation to the post held by the
employee does not attract Art. 311 of Constitution,
carries no stigma and is not by way of punishment.
Commodore Commanding, Southern Naval Area, Cochin vs.
V.N. Rajan,
1981(1) SLR SC 656
The respondent was appointed as Labourer on casual basis
on 18-12-61 and in the regular cadre in an existing vacancy from 15-
11-62. He was promoted and appointed as Ammunition Repair
Labourer, Grade II in the Naval Armament Depot, Alwaye from 2-3-
64. His services were terminated by Order dated 17-1-67, on payment
of a month’s pay and allowances in lieu of notice.
The Supreme Court, while agreeing with the Division Bench
of the Kerala High Court that the respondent even as a temporary
Government servant is entitled to the protection of Art. 311(2) of
Constitution where termination involves a stigma or amounts to
punishment, observed that they were satisfied after looking into
relevant record that the decision to terminate the services of the
respondent had been taken at the highest level on the ground of
unsuitability in relation to the post held by him and it is not by way of
any punishment and no stigma is attached to the respondent by
reason of the termination of his service. The Supreme Court
confirmed the appellant’s order of termination of the respondent.