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1. This case for rehearing the appeal has come up before us in these circumstances.

2. Appellant K.N. Bahl was B.Sc. (Agriculture) when he was appointed Overseer, Government Archaelogical Gardens in Lahore, in 1935. After the partition of the Country, he was employed as Sub-divisional Officer (Horticulture) P.W.D.B.&R. (Development) by the Government of East Punjab. He was selected for appointment as Assistant Superintendent of Archaelogical Gardens in Delhi by the Union Public Service Commission and took up that appointment in 1950 with the concurrence of the East Punjab Government. While serving on that post, he went to U.S.A. for further studies in Harvard and Cornell Universities in 1951. While he was still there, the Punjab Government issued an advertisement, in 1952, inviting applications for the post of Landscape Architect, Capital Project, Chandigarh, in the scale of Rs. 625-1275. He applied for the post, and was appointed as Landscape Architect on a temporary basis by an order dated May 24, 1952. He returned after graduating M.Sc. (Cornell) and becoming an Associate of the Institute of Landscape Architects, England, in 1953. The Punjab Government issued an order fixing his pay at Rs. 825/-. The Government of India requested the Punjab Government by a telegram dated May 30, 1953, for a short extension in the time allowed to Bahl to join as Landscape Architect, Chandigarh. He was relieved by the Government of India on June 27, 1953, and reported for duty at Chandigarh on June 30, 1953. He was however not allowed to join as the Chief Engineer took the stand that he was not in possession of the order of his appointment. The State Government in fact appears to have taken the view that as Bahl had failed to join the Capital Project by June 1, 1953, the post had been filled by another candidate and the offer of appointment to him stood cancelled on May 30, 1953. The Punjab Government appointed Harinder Singh Dhinsa as Landscape Architect by its order dated July 16, 1953. Even though the Government of India sent a letter on August 8, 1953, explaining the delay in relieving Bahl and pointing out that it was not due to his fault, he was not allowed to join. The Punjab Government wrote back in reply that the offer stood cancelled on May 30, 1953, and could not be revived. Bahl therefore rejoined the Government of India on September 30, 1953.

3. It so happened that the Punjab Government once again advertised the post of Landscape Architect in 1954 stating that it was a temporary post but was likely to continue after February 28, 1955, and the period of probation would be six months in case of persons already in Government service and one year for direct recruits. The Public Service Commission selected Bahl for the post and recommended a starting pay of Rs. 825/- in its letter dated July 13, 1954. The State Government was requested to send special assessment Reports on the amount and quality of Bahl's work in accordance with the earlier instructions. Accordingly, a letter of his temporary appointment as Landscape Architect on a starting pay of Rs. 825/- was issued by the State Government on October 21, 1954, requesting the Government of India to relieve him immediately. Bahl joined that post, and a notification was issued in the State Gazette dated November 23, 1954, intimating that he had taken over charge as Landscape Architect and Sub-divisional Officer (Horticulture Sub-division) on November 6, 1954.

6. Bahl has placed reliance on a note dated September 5, 1957 to show that the Secretary P.W.D. (B.&R.) had recommended his confirmation on the temporary post of Landscape Architect "which was sanctioned till 28-2-57," and that the Public Works Minister had agreed to it but had inquired the date from which the confirmation was to take effect. The case was however not submitted to him till November 15, 1956 when the Chief Engineer wrote that there was no necessity for the post and Bahl may be served with three months' notice and reverted to the Agriculture Department. One S. Vohra took over as Secretary, Capital Project. In his note dated September 5, 1957, he referred to the Chief Engineer's earlier suggestion that Bahl's work may be watched during the extended period of six months probation upto June 14, 1957 "as a last chance." By then the Superintending Engineer had written to the Chief Engineer that he was not impressed by Bahl's behavior towards his colleagues and he was not "needed for the post of Landscape Architect as the work is being done by AA/SA or for execution of Landscape plans, in view of the defects of character that have repeatedly come to notice." The Secretary recommended that Bahl's services should be terminated and he may be sent back to his parent department. He suggested that that could be done by abolishing the post of Landscape Architect and that as Bahl was likely to get much lesser pay there, that matter could be taken up separately with the Agriculture Department. It appears that the Estimates Committee of the Vidhan Sabha recorded a statement of Bahl on September 25, 1957, to the effect that proper thought had not been given to plantation of trees before he took over. Reference was made in the statement to H.S. Randhawa, Chairman of the Landscape Committee, and it was stated that while he might have knowledge of trees, that did not mean that he was an expert in landscaping.

10. The arguments which have been advanced by the appellant relate to mala fides, and it will be desirable to refer to the allegation in that respect in the writ petition. He has alleged that "by his good and honest work" he had incurred the "displeasure of his senior officers who from the very beginning were averse to his being brought over as Landscape Architect." He has further alleged that "his senior officers were not happy with him" and the order for the abolition of the post of Landscape Architect was passed and he was reverted to his parent department "mala fide, the result of inordinate hostility of the High Officers of the respondent who had not taken kindly to the petitioner, and who did not like that the petitioner should hold the post of Landscape Architect." This has been reiterated by alleging that the post was abolished "solely by the desire to remove the petitioner". It would thus appear that the allegations regarding mala fides or bad faith were quite vague and indefinite, and did not contain any such detail as could enable the other party to answer them adequately. Even so, we have examined the arguments of the appellant with reference to the evidence on the record.