Judgement

SHAH, J. : Nanak Singh-respondent in this appeal-held in August 1957 the port of Field Inspector in the Office of the Custodian, Evacuee Property, Delhi, as a temporary employee. By order dated January 10, 1958, K. S. Kane, Additional Settlement Commissioner who was also holding the office of Additional Custodian terminated the employment of the respondent after giving him one month s salary in lieu of notice. The order of Mr. Kane was confirmed in appeal.

2. Nanak Singh then moved the High Court of Punjab by a petition under Article 226 of the Constitution for an order declaring that the determination of his employment was "void, illegal and unconstitutional" on two grounds-(1) that the order terminating the employment amounted to imposing punishment and could not be made without affording opportunity to the employee to show cause against the action proposed to be taken in regard to him; and (2) that Mr. Kane was not competent under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1949 to terminate his employment. Gurdev Singh, J., upheld both the grounds and granted the petition. The High Court of Punjab in appeal reversed that order and directed that the p