S.K.Jha and S.K.Chaudhuri JJ.

1. These two applications involve the same vexed question, although-in our view-on settled principles, of determining whether, on the facts and in the circumstances of these cases, the termination of petitioners services can be said to be by way of punishment or termination simpliciter under the terms of contract of employment. If it be held that it is by way of punishment, the writ petitions under Articles 226 and 227 of the Constitution of India are bound to succeed. On the contrary, if the petitioners have been thrown out merely under the contract of service, they must fail.

2. Common points on similar set of facts are involved in these writ applications. Therefore, the judgment of C.W.J.C. 2314 of 1979 shall also decide the fate of C.W.J.C. 2989 of 1979. Hence, we proceed to deal with the case of Subhash Chandra Choudhury, the petitioner in C.W.J.C. 2314/79, first.

3. Before dealing with the points involved in this application, it is only necessary and proper that the relevant facts be stated at the outset,

4. C.W.J.C. 2314/79 : The petitioner feels aggrieved by order No. 464 W/C dated 17-7-79 passed by the Managing Director (respondent 3)