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 b