NEPAL SINGH vs STATE OF U.P. AND ORS.

The Supreme Court held that an order terminating the services of a temporary Government servant does not contravene Article 311(2) of the Constitution if it is not punitive in nature. The Court established that the determination of whether an order is punitive requires examining the intent behind the order and the surrounding facts. In this case, the Court found that the termination was based on the appellant's unsuitability for service rather than punishment, thus upholding the order of termination.