S. S. Sandhawalia, C. J.

1. Whether the very cancellation of an appointment on the ground of its being void ab-initio would be removal within the meaning of article 311 of the Constitution, has come to be the primal question in this appeal under Clause 10 of the Letters Patent.

2. The appellant was appointed as an Assistant Teacher, entirely on a temporary basis, by the District Superintendent of Education, Purnea, vide his order dated the 28th April, 1976 (Annexure 2 ). It is claimed on his behalf that thereafter, he continued to serve in the said post till the 23rd of March, 1983, when a notice was issued to the appellant and others, asking them to produce caste certificates, and, in pursuance thereto, the appellant produced his caste certificate, stating that he belonged to the backward Suri caste. Later, on the 21st of May, 1983 (Annexure 3), Respondent No.2 issued another letter, directing the appellant and some others, to submit their explanation against the allegation that they had obtained employment on the basis of wrong caste certificate submitted by them, claiming to be Scheduled Caste. The appellant averred that, in reply to the above said communication, he file