1. The short question in this appeal is whether the termination of the services of the respondent by Ext.pl order dated 25-9-1968 with immediate effect is ineffective and in-operative in view of the provision in R.5 of the Central Civil Services (Temporary Service) Rules, 1965, (hereinafter referred to as the Rules). Ext. PI order stated thus:

"In pursuance of the proviso to sub-rule (1) of R.5 of the Central Civil Service (Temporary Service) Rules, 1965 I hereby terminate forthwith the services of Shri K. V Gopinath, Ty. Sorter H-R.O., Cochin 16 (name and designation) and directs that be shall be paid a sum equivalent to the amount of pay and allowances for a period of one month (in lieu of the period of notice) calculated at the same rate at which he was drawing them immediately before the date on which this order is served on or, as the case may be, tendered to him."

Rule 5 (1) of the Rules is in these terms:

"5. Termination of temporary service. (1) (a) The services of a temporary Government servant who is not in quasi-permanent service shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority o