A was a temporary Government Servant. He was given a memorandum containing two charges against him. He asked to explain why disciplinary action should not be taken against him. His services were terminated without assigning any reasons – decide its validity with reason.

Facts of the Case

Mr. A, a temporary government servant, was issued a memorandum containing two charges against him. He was given an opportunity to explain why disciplinary action should not be taken. However, his services were terminated without assigning any reasons for the termination. Mr. A seeks advice regarding the validity of this termination.

Issues in the Case

1. Whether a temporary government servant is entitled to natural justice in disciplinary proceedings.
2. Whether termination without assigning reasons violates the principles of Articles 14 and 21 of the Constitution.
3. Whether the government’s action in terminating services without explanation is legally valid.

Legal Principles Covered

A. Constitutional Provisions

1. Article 14 – Right to Equality
   • Guarantees protection against arbitrary action.
   • Termination without reasons or procedure violates equality before law.
2. Article 21 – Protection of Life and Personal Liberty
   • Extends to right to livelihood in case of government employment.
   • Termination without due process violates Article 21, even for temporary employees.

B. Statutory / Service Rules

1. Fundamental Rules (FR) and Central Civil Services (Temporary Service) Rules
   • Provide that government servants are entitled to show cause before disciplinary action.
   • Termination must be preceded by notice and opportunity to reply.
2. Principles of Natural Justice
   • Audi alteram partem (right to be heard): The employee must be allowed to defend against charges.
   • Reasoned order: Any termination must state grounds/reasons.

C. Judicial Precedents

1. Maneka Gandhi v. Union of India (1978) 1 SCC 248
   • Emphasized that procedure established by law must be fair, just, and reasonable.
   • Termination without giving reasons violates Article 21.
2. Union of India v. Tulsiram Patel (1985) 3 SCC 398
   • Even temporary employees are entitled to procedural safeguards.
   • Arbitrary termination without following disciplinary procedure is invalid.
3. A.K. Gopalan v. State of Madras (1950) SCR 88 (modified by Maneka Gandhi case)
   • Reiterates that fundamental rights protect even temporary or contract-based employment from arbitrary dismissal.

Possible Judgement / Legal Advice

1. Violation of Natural Justice
   • Termination without assigning any reasons violates the audi alteram partem principle.
2. Violation of Articles 14 and 21
   • Arbitrary dismissal without fair procedure infringes equality and right to livelihood, even for temporary employees.
3. Remedies Available
   • File a representation or appeal under service rules for reinstatement.
   • Approach Central Administrative Tribunal (CAT) or High Court under Articles 226/32 for redress.
   • Claim reinstatement and consequential benefits, citing violation of natural justice.

Advisory Conclusion:
The termination of Mr. A’s services without assigning reasons or following due procedure is invalid and unconstitutional. Even temporary government servants are entitled to notice, opportunity to explain, and reasoned orders before dismissal.

About lawgnan

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