Judgement

VENKATARAMA AIYAR J. - This is an appeal against the judgment and order of the High Court of Saurashtra in a writ petition filed by the respondent, setting aside an order passed by the State of Saurashtra on October 30, 1952 retiring him from service.

2. The respondent was appointed in 1948 Memandari, that is, Superintendent of State Guest Houses, in what was the State of Junagadh when it was administered by the Government of India and was later on, confirmed in that appointment. In 1949 Junagadh became integrated into the State of Saurashtra, and thereafter, the services of the respondent were continued by that State, and he was appointed from time to time to various posts. On June 15, 1950, he was appointed Sales Tax Officer, Madhya Saurashtra, Rajkot, and was confirmed in that post an April 16, 1952. On October 30, 1952 the Government of Saurashtra purporting to act under Government Resolution No. 60 of 1948 as it then stood, passed an order compulsorily terminating his services. The respondent thereupon filed a writ application in the High Court of Saurashtra, challenging the validity of this order on the ground that it was made without any notice to him of any charge