Judgment

A.C. GUPTA, J. :- The appellant was appointed to the temporary post of caretaker in the Geological Survey of India by an order dated April 4, 1963.

The order which was signed by the Director of Administration, Geological Survey of India, begins with the following words :

"The Director General, Geological Survey of India hereby appoints........."

It is accepted by both sides that the appointment had been made by the Director-General, Geological Survey of India. The order of appointment stated that the "appointee was to be on trial for a period of 2 years and his retention in the post for further period will be subject to the assessment of his work during the trial period". It appears that the appellant continued to work till January 25, 1966 when he received a notice terminating his service as caretaker, Geological Survey of India, Northern Region, from the date of expiry of one calendar month from the date on which the notice was served on him. The notice of termination was issued on the signature of Shri G. K. Moghe, Director of Administration. As the appellant did not give up charge of his office even on the expiry of the said period of one month, he was relieved of his cha