Judgment

SHARMA, J. :- The appellant was appointed temporarily as an Assistant Jailor in the State of Madhya Pradesh and his services were terminated in 1965 without assigning any reason. He filed the suit out of which the present appeal arises challenging the termination order as illegal on the ground that although it was, on its face, a termination order simpliciter it was passed as a measure of punishment without holding an inquiry. The suit was dismissed by the trial court but on appeal the First Additional District Judge, Gwalior decreed the same. The State of Madhya Pradesh. challenged the judgment before the High Court in second appeal which was allowed and the suit was again dismissed. The plaintiff-appellant has now come to this Court in the present appeal by special leave.

2. The issue on which the result of the present case is dependent is whether the impugned order of termination of the appellants services had been passed as a measure of punishment or not. If the answer be in the negative, the appellant being a temporary servant had no right to continue service which could be terminated without assigning any reason as was done. The First Appellate Court answered the quest