Judgment

HEGDE, J.: The appellant was a probationary Naib Tehsildar. He had been appointed temporarily. While he was working at Bilaigarh in 1961, the commissioner of Raipur Division directed an enquiry against him on as many as 13 charges. By his order dated August 3, 1961, the Commissioner placed him under suspension pending enquiry. Sometime later, the State Government taking the view that the enquiry ordered by the Commissioner may not be legal, revoked his orders viz., the order directing a departmental enquiry against the appellant as well as the order placing him under suspension. But on the same day, it ordered a departmental enquiry against him and at the same time it placed him under suspension pending that enquiry. In this connection a show cause notice was issued to the appellant on August 1, 1964. But even before that show cause notice was issued, on June 6, 1964, the appellant gave a notice to the Government terminating his services. After the issue of the aforementioned show cause notice, he moved the High Court of Madhya Pradesh to quash the orders passed by the State Government on the ground that as he was no more in the service of the Government, the Government can