JUDGMENT

R. M. SAHAI, J.:— This appeal is directed against judgment of the Punjab & Haryana High Court. The appellant, since dead, was working as Chief Medical Officer, Bhatinda when he was suspended, chargesheeted and ultimately dismissed from service after enquiry. The order of dismissal was challenged in Civil Court. The trial Court decreed the suit. The order was affirmed in appeal. But the High Court in second appeal set aside the order of the two Courts below and dismissed the suit.

2. The claim of the appellant that he was not afforded reasonable opportunity was not accepted either by the trial Court or the First Appellate Court. But the suit was decreed on construction of Rule 22 of Punjab Civil Services (Punishment) and Appeals Rules, 1970. It was held that the appellant having retired on 31st August, 1972 and the order of dismissal dated 28th August 1972 having been served by registered post on 7th September 1972 it became operative from that date only. But since the appellant had retired prior to the date of communication the order was ineffective as the appellant was not in service any more. The High Court reversed the order and held that, the rule was directory and not