1975 LAB. I. C. 715 ::ILR (1974) 2 Delhi 238

Delhi High Court

Hon'ble Judge(s): S.n. Shankar, H.l. Anand , JJ

(A) Constitution of India , Arts.309, 310(1)— Pleasure'inArticle310(1) - Not controlled by Central Civil Services (C. C. and A.) Rules -Civilian in defence service - Termination of his -services by order of President -Validity. (Central Civil Services (C. C. and A.) Rules (1965). Rules 11 and 14). The Central Civil Services (Classification, Control and Appeal) Rules, 1965, though framed under Article 309 do not impinge upon or debar the President, from exercising his 'pleasure' provided for in Article 310. This 'pleasure', however, can De exercised by the President and President himself. AIR 1958 SC 300, AIR 1961 SC 751, AIR 1971 SC 1547, Relied on 1968 Lab IC 967 (FB) (Punj), AIR 1960 Madh Pra 119, Distinguished. The petitioner was a junior Scientific Assistant in the Research and Development Organisation, Defence Science Laboratory under the Government of India. His services were terminated by the impugned Order of the President acting under Article 310 (1). Held, that though the Central Civil Services (C. C. and A.) Rules applied to the petitioner, a civilian in Defence Service held his post at the pleasure of the President under Article 310 and the Rules do not in any manner override the pleasure of the President in cases like that of petitioner where Article 311 is not applicable and that the order terminating his services ....