1996 INSC 0814
                                              State of U.P. and Others

                                                           Vs

                                          Kamla Devi (Smt) and Another

                                          Civil Appeal No. 8996 of 1996

                               (K. Ramswamy, Faizanuddin, G. B. Pattanaik JJ)

                                                      09.05.1996

                                                        ORDER

1. Leave granted.

2. We have heard learned counsel for the parties.

3. Though the respondent was appointed on 14-2-1972 on ad hoc basis, she was posted at different
places during which period she remained either on leave or absconded from duty, except joining the
places nearer to her native place Lakhimpur-Kheri. Consequently, authorities had taken action on
23-9-1980 to terminate her service in terms of letter of appointment. The respondent had
approached the Tribunal for reinstatement with back wages. The Tribunal has set aside the order of
termination holding that the termination is violative of Article 311(2) of the Constitution since no
enquiry was conducted against the respondent. The same came to be upheld by the High Court in
the impugned order in Writ Petition No. 1589 (SS) of 1994 passed on 5-4-1994.

4. The question, therefore, is whether it is necessary for the Government to conduct an enquiry as
contemplated under Article 311(2) read with the statutory rules? In the State of U.P., there are
statutory rules, viz., U.P. Temporary Government Services Rules, 1975. Rule 14(a) of the said Rules
provides for termination of the service of temporary government servant either with one month's
notice or pay in lieu thereof.

5. Under these circumstances, when the Government exercised the statutory power, the need to
conduct enquiry as contemplated under Article 311(2) by necessary implication got obviated. The
High Court, therefore, was wrong in holding that the enquiry under Article 311(2) needs to be
conducted to terminate the services of even the temporary government servant.

6. The appeal is accordingly allowed. However, any salary paid to the respondent during the
continuance in services pursuant to the interim direction would not be recovered from her. There
will be no order as to costs.