2007 (3) AIR Kar R 572

Karnataka High Court

Hon'ble Judge(s): N. K. Patil , J

(A) Constitution of India , Art.311, Art.309— Karnataka Civil Services (General Recruitment) Rules (1972) , R.15(1)(b) Proviso— Tenure of service - Word 'Until further orders' in contract of appointment do not import any nature of permanency in appointment - Availability of protection under Art. 311 does not depend on temporary or permanent appointment - But, is available only where dismissal, removal or reduction in rank is sought to be inflicted by way of punishment and not otherwise. (Para 9) (B) Constitution of India , Art.311— Karnataka Civil Services (General Recruitment) Rules (1977) , R.15— Termination of Service - Appointment petitioner is purely on contract basis for post of principal and placing in additional charge of post of director until further order - It includes that the competent authority has got the power to pass the Order or revise or amend or even withdraw even in middle of year before the expiry of period - Appointment is accepted by Petitioner - Termination before expiry of tenure of post without notice hearing to petitioner - Not violative of Art. 311. (Para 8 9) .....