Judgment

SIKRI, J.:- This appeal by special leave is directed against the judgment of the Allahabad High Court, Lucknow Bench, dismissing the special appeal filed by the appellants against the judgment of the learned Single Judge, who had allowed the writ petition filed by Ram Naresh Lal, respondent before us. The learned Single Judge had quashed three orders: (1) the order of suspension dated August 18, 1960; (2) the order of dismissal dated July 29, 1961; and (3) the order of the Government dated September 22, 1962.

2. In order to appreciate the points which have been debated before us it is necessary to state the facts somewhat in detail. The respondent was appointed as a temporary Accounts Supervisor in the Agriculture Department by the Director of Agriculture by his order dated March 26, 1947. On February 19, 1949, he was transferred to the Agricultural Engineering Department as a temporary Assistant Accountant by the Director Agriculture, U. P. With effect from August 24, 1952 the Agricultural Engineering Department was abolished and merged in the Irrigation Department. On June 29, 1954, the respondent was transferred on deputation as an Assistant Accountant in the Office of the Development Commissioner (Planning Department). On July 15, 1955, the Government issued G. O. No. B-810 /XXXIIA. The whole of the G. O. is not available on the record. Two portions have been reproduced in the affidavits of the parties. One portion reads:

"The powers to order transfer and to award punishment to such staff during the period that it is on deputation with the Development Commissioner, will be exercised by the Development Commissioner himself."

The earlier portion reproduced in the rejoinder of the respondent reads:

"This staff together with that already placed by you earlier at the disposal of the Development Commissioner should be treated as on deputation with the development Commissioner."

3. By order dated September 10, 1955, of the Superintending Engineer, Agricultural Engineering Circle, the respondent was confirmed on a permanent pensionable post of Junior Clerk in the Workshop Service in the Irrigation Department with effect from April 1, 1955. By his order dated May 31, 1957, the Development Commissioner assigned to the respondent a temporary post of Senior Clerk in the Minor Irrigation Section of his office with effect from April 1, 1957. On May 21, 1958, in its letter No. 1195/XXXV-B587/56 addressed to the Development Commissioner the Government stated that

"the Governor has been pleased to order that the entire staff on deputation with you from Irrigation Department for the execution of the minor irrigation schemes should be treated to have been transferred to your control with effect from the date of issue of these orders." The letter further stated:

"I am, therefore, to request that the staff at present on deputation may be given the option to elect their permanent transfer in the Planning set-up or go back to their parent department viz., Irrigation Department. You may issue a fresh order of appointment of staff, who elect to remain in Planning Department. Their services will be deemed as continuous."

4. On July 7, 1958, the Deputy Development Commissioner directed Subordinate Officers to obtain the option of the staff transferred from Irrigation Department to the Planning organization for execution of minor irrigation schemes, and the form of election and a copy of this letter was endorsed to the respondent. The form of election was in the following terms:

"In accordance with the orders issued in Planning B Department G. O. No. 1195/XXXV-B-587/56 dated May 21, 1958, I ............... (Name and Designation), hereby elect

*(i) to be transferred in the Planning Set-up and reappointed by the Development Commissioner

or

*(ii) to go back to my parent department.

Date............... Signature..............

Designation..............

District.................

On July 9, 1958, the respondent opted in the following terms:

"In accordance with the