1. This is an appeal against the decision of Chandrasekhara Menon J. quashing the order of termination of the services of the respondent and directing reinstatement with effect from 8 21968 with all consequential benefits Respondent who was the petitioner in the Original Petition under Art.226 of the Constitution was a postman in the Post and Telegraphs Department. He was a temporary civil servant. He was governed by the Central Civil Services (Temporary Service) Rules, 1965. His services were terminated under R.5(1) of the said rules by Ext. P4 order. Representation against Ext. P4 order was rejected by the Chairman, Post and Telegraphs Board, New Delhi, the 3rd appellant in the appeal. Ext. P10 is the communication concerning such rejection. Ext. P4 order as confirmed by Ext. P10 was challenged in the Original Petition and that challenge succeeded before the learned single judge.

2. The learned judge has found that in the circumstances in which the order of termination was passed a case of punishment can be clearly spelt out and on the basis of the tests laid down by the Supreme Court the order Ext. P4 has to be taken as an order of punishment. Since the requirements o