1983 INSC 0015
                                                       Kanhialal

                                                           Vs

                                             District Judge and Others

                                          Civil Appeal No. 141 of 1983

                                     (P.N. Bhagwati, E.S. Venkataramiah JJ)

                                                      10.01.1983

                                                        ORDER

1. Special leave granted.

2. It is clear on the facts of the present case and particularly from the order passed by the
Administrative Judge on November 20, 1980 while disposing of the representation of the appellant
that the only reason why he was discharged from service was that he was" 'prima facie' responsible
for the loss of some document from the juridical record on account of his negligence and
carelessness". The order of discharge passed against the appellant was, therefore, clearly penal in
character and there can be no doubt that even if he was a temporary servant, he was entitled to the
protection of Article 311 (2) of the Constitution and hence no penal order could be passed against
him without complying with the requirements of that Article. Since admittedly the requirements of
Article 311 (2) were not satisfied in the case of the appellant before terminating his service, we are
of the view that the order passed by the learned District Judge terminating the service of the
appellant must be held to be void. We accordingly allow the appeal and set aside the order
terminating the service of the appellant. But while doing so, we may make it clear that it will be
open to the District Judge or any other appropriate authority to take disciplinary action against the
appellant, if thought fit and nothing that has been said in this judgment will act as a bar against their
doing so.

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