Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Articles 14 and 16(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, Articles 14 and 16(1), protection of, when available to temporary employees - S. 16(1) "appointment", Scope, Incumbent on dismissing authority to disclose reason for termination of services, when specific charge of hostile discrimination. The services of Belliappa, a temporary Class IV employee, were terminated without assigning any reason, albeit in accordance with the conditions of his service, while three other employees, similarly situated, junior to Balliappa in the same temporary cadre, were retained. The order terminating his services, was preceded by a show-cuase notice of proposed disciplinary action against him, but otherwise, there was nothing to show that the service record of Belliappa was, in any way, inferior to his three juniors who have been retained in service. Furthermore, neither the dismissal order nor the appellant's counter affidavit assigned any reason for the termination and the appellant had throughout maintained that there was no nexus between the show-cause notice and the impugned action. The High Court allowed a writ petition of Belliappa, holding- that the order terminating his services, contravened the guarantee of equal treatment embodied in Article 16 of the Constitution. It was contended that Belliappa was a temporary employee, and his services could be terminated at any time without notice, and that Articles 14 and 16 are not attracted when the services of a temporary employee are terminated in accordance with the conditions of his service. |
Judge | Hon'ble Mr. Justice R.S. Sarkaria |
Neutral Citation | 1978 INSC 246 |
Petitioner | Manager Govt. Branch Press & Anr. |
Respondent | D. B. Belliappa |
SCR | [1979] 2 S.C.R. 458 |
Judgement Date | 1978-11-30 |
Case Number | 290 |
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