JUDGMENT

Mehrotra, J. - This is an application under Article 226 of the Constitution praying that an order passed by the President, Municipal Board, Ramnagar, dated 12-1-1956 terminating the Petitioner's services be quashed.

2. The facts which are set out in the affidavit and which in essentials have not been controverted are that the Petitioner applied for the post of the Secretary, Ramnagar Municipal Board, as the post was advertised. The Petitioner was appointed to that post by the Municipal Board of Ramnagar by its resolution No. 75 dated 2-5-1954 which was subsequently clarified by another resolution of 21-6-1954. After the Board had approved his appointment by that resolution the resolution had to be sent to the Commissioner u/s 66 of the U.P. Municipalities Act and the Commissioner, Banaras Division, by his letter dated 16-9-1954 approved the appointment of the Petitioner to that post. There is some controversy between the parties as regards the interpretation of the approval given by the Commissioner which I shall deal with when dealing with the points raised by the Petitioner. The Petitioner however did not possess any riding certificate and under the approval order passed by the Commissioner he was to get a certificate within three months. Thereafter the Petitioner took over charge of the office of the Secretary on the 27-5-1954 and continued to work as the Secretary. The Petitioner however could not secure the necessary riding certificate within three months of the order of approval given by the Commissioner. The Petitioner's contention was that Ramnagar is a small municipality, he is not required to ride a horse and as he had much work he could not get time for proper training. At first the Petitioner was appointed on probation for one year and according to the Petitioner that period expired on the 26-5-1955 but no steps were taken by the Board to confirm his appointment thereafter. On the 9-11-1955 the Commissioner addressed a letter to the President, Municipal Board, Ramnagar, enquiring from him whether the Petitioner had furnished the riding certificate within the prescribed period of three months. The President, Municipal Board, Ramnagar, informed the Commissioner that the riding certificate had not been obtained but the correspondence for the same was going on with the District Magistrate, Banaras, and it was expected that he would be able to secure the certificate. After that the Commissioner wrote to the President on the 19-12-1955 asking him to relieve the Petitioner as he had failed to produce the riding certificate even after a lapse of one year. A meeting of the Board was held on the 24-12-1955 to consider the letter of the Commissioner and the Board decided to keep him in service and requested the Commissioner to give him further chance to produce the required riding certificate. A copy of this resolution was sent to the Commissioner. Thereupon the Commissioner sent an order to the President, Municipal Board, directing him to relieve the Petitioner within a week failing which he would take action u/s 35 of the UP Municipalities Act and shall appoint the District Magistrate to implement his order. On the 12-1-1956 the incharge President passed an order terminating the Petitioner's services in view of the direction of the Commissioner. In the meantime however, it should also be pointed out, the Petitioner had filed the necessary riding certificate given by the District Magistrate, Mainpuri. It is this order of the President terminating his services which is challenged by means of this writ petition.

3. Notices have been issued to the opposite parties, the Commissioner and the President, Municipal Board, Ramnagar. No reply has been filed on behalf of the Municipal Board. Only on behalf of the Commissioner a counter-affidavit has been filed in which the order of the President is sought to be justified.

4. Two points have been urged by the counsel for the Petitioner. Firstly, it is contended that there is nothin