Judgement

RAY, C. J.:- These two appeals are from the judgment of the Punjab and Haryana High Court.

2. The Appellants joined the Punjab Civil Service (Judicial Branch). They were both on probation.

3. By an order dated 27 April, 1967 the services of the appellant Samsher Singh were terminated. The order was as follows:

"The Governor of Punjab is pleased to terminate the services of Shri Samsher Singh, Subordinate judge, on probation, under Rule 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 with immediate effect. It is requested that these orders may please be conveyed to the officer concerned under intimation to the Government.

4. By an order dated 15 December, 1969 the services of the appellant Ishwar Chand Aggarwal were terminated. The order was as follows:-

"On the recommendation of the High Court of Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar Chand Agarwal, P.C.S. (Judicial Branch), with immediate effect, under Rule 7(3) in Part `D of the Punjab Civil Services (Judicial Branch) Rules, 1951, as amended from time to time.

5. The appellants contend that the Governor as the constitutional or the formal head