The petitioner, at all material times, was employed as a Patwari in tahsil Kawardha of District Durg. The services of the petitioner were temporary. He was served with one month's notice (Annexure R-2), dated 16-8-1971. Thereafter, by an order dated 9-9-1971 (Annexure R-1), the petitioner's services were terminated.

The petitioner had been dismissed from the Government service earlier while holding the post of a Mal Chaprasi.

Held : Under section 104 of the Code, the Collector has been designated the person who shall appoint a Patwari. Under section 22 of the Code, the Sub-Divisional Officer exercised such powers of a Collector as the State Government by notification directed. By Notification No 11429-CR-635VII N-2 published in the Madhya Pradesh Rajpatra dated 9-10-1959 and notification No. 13691-CR-770-VII-N (Rules), published in the Madhya Pradesh Rajpatra dated 1-10-1960, the State Government in exercise of the powers under section 22 of the Code directed all the Sub-Divisional Officers to exercise powers of a Collector under sub-section (2) of section 104 of the Code. There is, therefore, no contention in the submission that the Sub-Divisional Officer had no power to