judgment

S.B. Sinha, J. —

1.These two appeals involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.

Appellant is an autonomous body operating under the Department of Youth Affairs and Sports, Ministry of Human Resource Development, Government of India. It is a ‘State’ within the meaning of Article 12 of the Constitution of India.

Respondent herein was appointed as a Youth Co-ordinator in terms of an offer of appointment dated 28.9.1994; paragraph 5 whereof reads as under:-

“5.You will be on probation for a period of one year from date of joining. Your probation period may be extended if considered necessary by the Sangathan. During the probation period, you will have the option of resigning, if you so desire, without any notice. Likewise, the Sangathan will be at liberty to terminate your services without any notice and without assigning any reasons whatsoever, during the probation period. Upon successful completion of this period you will be advised in writing of the fresh terms and conditions of your employment.”

2.He allegedly withdrew some amount from the Government Fund (to which he was entitled to) and d