Mehar Singh, J. - (1.) The appellant, Gurdip Singh was appointed on 22-9-1950 officiating Agricultural Assistant, "A" Class, and the order (Annexure R. A.) with regard to him is in these terms- "The following candidates are appointed officiating Agricultural Assistants, "A" Class, in the scale of Rs. 100-10-200/10-300 till further orders, against "vacant posts in the Entomological Section with effect from the date they report themselves for duty to the Entomologist, Ludhiana : Sr. No. * 2. Name * S. Gurdip Singh Josan Remarks * Vice S. Harbans Singh Bhatti promoted to P. A. S. Class II". This order is signed for the Director of Agriculture. It was conveyed to the appellant by memorandum (Annexure R. B.) of September 25, 1950, and the appellant was asked to report to duty to the Entomologist, Government, Agricultural College, Ludhiana, by October 15, 1950, failing which his appointment was to be considered as cancelled. He joined service on October 3, 1950, and was posted to Nagrota in Kangra District as incharge of Bee Farm.
(2.) On 27-3-1953, at about 11-30 A.N., the Development Minister paid a surprise visit to the Nagrota Bee Farm. He found the appellant absent from the Farm. While looking for the appellant, he came across other employees of the Been Farm who made inconsistent statements not only about the appellant, but also certain other matters concerning the Farm. Subsequently, he came across the appellant and the appellant is also said to have made wrong statements to him. The Development Minister of 6-4-1953, wrote a long inspection note (Annexure R. C.) in which he pointed out all that was connected with the conduct of the appellant when he went to inspect the Bee Farm. In the end he noted "All this clearly shows that S. Gurdip Singh is utterly unfit for the post he is holding and the sooner he is got rid of the better. I understand he is still a temporary hand and has not been confirmed. I think his services should be terminated at once. I believe Shri Sawhney, the former Director of Agriculture, also inspected this Farm a few months ago and was also not satisfied with the working of this Agricultural Assistant. First he should be transferred telegraphically and later his services be termianated". Upon this the appellant was transferred from Nagrota to Ludhiana on April, 14, 1953. Subsequently on May 1, 1953, he received a charge-sheet, (Annexure A1) dated 27-4-1953, in which detailed facts are set out from the inspection note of the Development Minister and then briefly the charges against the appellant were (1) that he made misstatement before the Development Minister, (2) that he was absent from duty, (3) that his control over the staff at the Farm was unsatisfactory, (4) that he had missed the Farm Labour, (5) that he did not perform his duties in the Farm, (6) that he had made false statement before the Development Minister, and (7) that he willfully allowed the Beldar to use Government property for his private use. The appellant gave reply to this charge-sheet within the time within which he was required to give an answer to it. Later the Deputy Director of Agriculture held an enquiry between August 22 and 24, 1953, when he took evidence of a number of witnesses during the enquiry. The appellant says that this Enquiry Officer exonerated him completely of the charges, but the return on behalf of the respondent, the State of Punjab, is that this is not quite correct as the Enquiry Officer did not completely exonerate the appellant but recommended that a lenient view of the case might be taken and the appellant be let off with a warning to improve. It is further stated in the return of the respondent that the report of the Enquiry Officer was not relied upon while passing orders terminating the appellant's service.
(3.) On 29-10-1953, the service of the appellant was terminated under the following order (Annexure D) of the Director of Agriculture: "1. As a result of the surprise visit of the Development Minister to the Government Bee Farm, at Nagrota, on 27-3-1953, certain irregularities committed by S. Gurdip Singh Josen, Officiating Agricultural Inspector, "A" Class, who was working as Incharge of the Farm, came to his notice. Consequently the services of S. Gurdip Singh Josen are terminated with immediate effect. 2. The increment which fell due to S. Gurdip Singh Josen in the scale of Rs. 100-10-200/10-300 on 3-10-1953, and was provisionally withheld, vide this office order dated 30-9-1953, is finally withheld with permanent effect." The appellant then wrote to the Director of Agriculture requesting for supply of the tour note of the Development Minister, remarks of the Entomologist on the appellant's reply to the charge-sheet, the report of the Enquiry Officer, and the evidence recorded at the enquiry and to that the reply (Annexure F), dated 1-21954, that he received was-- "With reference to his letter No. 3, dated 6-1-1954, S. Gurdip Singh is informed that he was appointed in this department as Officiating Agricultural Inspector, "A" Class, till further orders and his services were terminated on account of unsatisfactory work. Since it was finally decided not to hold any departmental enquiry, the question of supplying copies of the documents asked for does not arise." This reply purports to have been given on behalf of the Director of Agriculture.;