Judgment

GAJENDRAGADKAR, J. : The appellant R. R. Chari was a permanent employee in a gazetted post under the Government of Assam. In 1941, his services were lent to the Government of India. The first appointment which the appellant held under the Government of India was that of the Deputy Director of Metals in the Munitions Production Department at Culcutta. Then he came to Delhi on similar work in the office of the Master-General of Ordnance, which was the Steel Priority Authority during the War period. He was subsequently transferred to Kanpur as Assistant Iron & Steel Controller in 1945. Sometime thereafter, he became the Deputy Iron and Steel Controller, Kanpur Circle, which post he held for one month in September, 1945. From the 1st of January, 1946, he was appointed to the said post and he held that post until 20th September, 1946. The period covered by the charges which were eventually framed against the appellant and others is from the 1st January, 1946 to 20th September, 1946. On the latter date, the appellant proceeded on leave for four months and did not return to service either under the Government of India or under the Assam Government.

2. It appears that while the appe