JUDGMENT

CHINNAPPA REDDY, J.:—The appellant was working as Superintendent in the Military Engineering Service at Chandigarh. On November 16, 1964, he made a complaint addressing a letter to the Engineer In-charge, Army Headquarters, New Delhi, that a certain contractor who was given the work of construction of roads at Lalru was not doing the job according to specifications but instead of action being taken against him the matter was being hushed up. On December 24, 1964, the Chief Engineer, Western Command, Simla, passed an order transferring the appellant from CWE Chandigarh to CE, Delhi and Rajasthan Zone, Delhi Cantt. The order was required to be complied forthwith. On January 8, 1965, the appellant submitted a representation to the Chief Engineer requesting the cancellation of the order of transfer as he had two daughters studying at Chandigarh, one in a College and the other in a School. On February 6, 1965, he sought a personal interview and followed it up with further representations on February 19, 1965 and February 23, 1965. In the letter dated February 23, 1965, he mentioned that if it was not possible for him to be retained at Chandigarh he might be granted leave prepar