MALIK, CJ :- This is an application on behalf of M.R. Bakshi who was a Supply Inspector in Budaun. His services were temporary as were those of most other persons in the Supply Department the services being terminable after one months notice. On 18-5-1953, the Regional Food Controller, Lucknow, served a notice on the applicant in these terms :

"The services of Sri M.R. Bakshi, Foodgrains Inspector, Kashipur, are no longer required. He is hereby served with one months notice of termination of services with immediate effect."

2. Learned counsel has urged that though the notice purported to be a notice terminating the applicants services on the ground that the services were no longer required the real reason for the termination of the service was that there were certain complaints of misconduct against the applicant. Our attention was drawn to appendix 4 of the affidavit and it was said that the termination of service by notice was a device adopted to avoid the necessity of proving misconduct to entitle the opposite party to dismiss the applicant and the termination of service by notice, therefore, really amounted to an order of dismissal.

3. There are two objections to the acc