Satish Chandra Anand vs The Union Of India on 13 March, 1953
In this connection reference may be made to the case of Satish Chandra Anand v. Union of India, 1953 Section C. R., 655 : (AIR 1953 SC 250) (A). In this case after dealing with the history of Article 311 of the Constitution it was held by the Supreme Court that "there is a distinction drawn in Rule 49 of the Civil Services (Classification, Control and Appeal) Rules between removal and dismissal. The removal does not disqualify from future employment and the dismissal is one which ordinarily disqualifies persons from future employment. In Rule 49 it is further provided that the discharge of a person engaged under contract, in accordance with the terms of his contract, does not amount to removal or dismissal within the meaning of this rule- These terms are used in the same sense in Article 311.'' The Article therefore has no application to the case where the services are terminated in accordance with the terms of the contract.