ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the Division Bench, made on September 12, 1996 in L.P.A. No. 215/1979 by the Delhi High Court. While the respondent was working as a Cash Clerk in Delhi Milk Scheme, temporary mis-appropriation of the funds on more than one occasion was discovered. When misappropriation of Rs. 17,744.91 on April 2, 1972 was reported, a prosecution was laid against the respondent. While the prosecution was pending, orders were passed by the competent authority on April 24, 1972 as under:

"In pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, I hereby terminate forthwith the services of Shri B.L. Sidhana, Cash Clerk (under suspension), Delhi Milk Scheme and direct that he shall be paid a sum equivalent to the amount of pay and allowances for a period of one month (in lieu of the period of notice) was drawing them immediately before the date on which he was drawing them immediately before the date on which he was placed under suspension."

3. The respondent was acquitted of the charge in criminal case and therefore, he f