UNION TERRITORY OF TRIPURA,AGARTALA vs GOPAL CHANDER DUTTA CHOUDHURY

The Supreme Court held that the termination of the respondent's temporary employment as a constable in the Tripura Police Force did not amount to dismissal under Article 311 of the Constitution. The Court found that the termination was valid as it was executed with one month's notice per Rule 5 of the Central Services (Temporary Service) Rules, 1949, and was not a punishment for being an ex-convict. The Court clarified that the onus to prove that the termination was disguised as dismissal lies with the employee, and there was no requirement for the court to conduct an inquiry akin to that of an Industrial Tribunal under the Industrial Disputes Act, 1947.