This situation led to the issuing of an Order dated 15th July, 1970 by the Administrative Board terminating the services of the First Respondent as its Licensing Inspector with effect from the 26th March, 1970 by informing him that he would get one months salary in lieu of numberice.
But, that Tribunal, by its Order dated 7th July, 1978 dismissed the appeal finding, inter alia, that the order of termination of services of the first Respondent by the Administrative Board cannot be held to be invalid when the first Respondent who had undisputably received a numberice dated 6th May, 1970 by which he was called upon to return to duty, had failed to respond to the same.
Civil Appeal preferred by the first Respondent in the District Court at Kanpur against the dismissal of his suit was transferred by that Court to the U.P. Public Services Tribunal for disposal on the companying into force of the U.P. Public Services Tribunal Act, 1976.
The number success of first Respondents appeal before the Tribunal, led him to the filing of a Writ Petition in the matter before the High Court of Judicature at Allahabad.
The first Respondents suit filed in the Munsif Court at Meerut in the year 1971 seeking the reliefs of declaration that the order of the Administrative Board by which his services were terminated as void and of the mandatory injunction for his reinstatement, was dismissed on 4th December, 1974.
The second appellant is the Administrative Board established under the U.P. Womens Children Institutions Control Act, 1956 for properly companytrolling and supervising orphanages and other institutions of destitute children and women in the State, with the funds to be received by way of, donations from the public and aid from the State Government.
The first Respondent who should have returned to duty by 26th March, 1970 after availing of the Holi Holidays, failed to do so even by the month of July, 1970 despite a numberice served upon him in that regard.
Venkatachala, J. Special leave is granted and the appeal is heard on merits.
