S.M.N. Raina, J.

This is a petition under articles 226 and 227 of the constitution of India.

The petitioner was appointed by the respondent No. 1 as welfare officer in the Factory belonging to the respondent No. 1 at Gwalior on probation for a period of six months vide letter dated 8-5-1962 (Annexure 1). The petitioner joined his duties on 6-6-1962 in pursuance of the said letter. By letter dated 6-12-1962 the period of probation of the petitioner was extended for a further period of six months with effect from 6-12-62 vide Annexure A 2. Before the expiry of the period of probation the appointment of the petitioner was terminated with effect from 28-2-1963 vide Annexure A. 3. This order of termination was subsequently cancelled by the respondent No. 1 on a representation made by the petitioner as he was under E.S.I. medical treatment at that time vide Annexure A. 5. Respondent No. 1, however, suspended the petitioner for misconduct and called upon him to submit his explanation vide letter dated 9-3-1963 (Annexure A. 6.). Subsequently respondent No. 1 called upon the petitioner to show cause why he should not be dismissed vide letter dated 14-3-1963 (Annexure A. 7). In the meanti