Judgment

AYYANGAR J. - This appeal is against a judgment of the High Court, Punjab dismissing a petition filed by the appellant in that Court under Art. 226 of the Constitution and has been preferred pursuant to a certificate of fitness granted under Art. 133 (1) (c).

2. The appellant was a Civil Surgeon in the employment of the State Government who had been granted leave preparatory to retirement and subsequently, in June 1961, orders were passed by Government (1) revoking the leave he had originally been grantd and recalling him to duty, (2) simultaneously placing him under suspension pending the result of an inquiry into certain charges of misconduct, and (3) ordering a departmental inquiry against him. The legality of these orders was challenged by the appellant in the petition that he filed in the High Court. The petition was dismissed by the learned Judges, but on application by the appellant, he was granted a certificate of fitness on the strength of which he has filed the present appeal.

3. The facts of the case leading up to the appeal before us are set out by our learned Brother Dayal J. in his judgment fully and in great detail and so we have thought it unnecessary to cumbe