AKBAR SAB SULTAN SAB KHAJI v. EXECUTIVE ENGINEER, SRS DN. HUBLI
1973-08-10
V.S.MALIMATH
body1973
DigiLaw.ai
( 1 ) THE petitioner has, in this writ petition, impugned the order made by the Executive Engineer (Electrical), SRS Division, Hubli, dt. 4th March 1968 produced in the case as Ext. C by which the services of the petitioner have been terminated for continued misbehaviour and insubordination of the petitioner. ( 2 ) THE case of the petitioner is that though he is a temporary servant, he could not have been dismissed from service without holding a disciplinary enquiry as per the provisions of the Mysore CCA Rules, 1957. The impugned order itself discloses that no such enquiry was held. The petitioner, even though he is a temporary Government servant, could not be removed from service on the ground of misconduct in contravention of art. 311 of the Constitution and without following the procedure prescribed by the Mysorecca Rules, 1957. The impugned order is, therefore, wholly unsustainable and deserves to be quashed. ( 3 ) FOR the reasons stated above the order passed by the Executive engineer (Electrical), SRS Division, Hubli dt. 4th March 1968 produced in the case as Ext. C terminating the services of the petitioner, is hereby quashed reserving liberty to the authority concerned to take action in accordance with law. No costs. --- *** --- .