telephone and then met him an hour later on 13-1-1971 to submit his letter of resignation. Shri Haksar, relying upon Rule 3 of the Govt. of India Transaction of Business Rules had orally accepted this resignation, as the head of the Prime Minister's Secretariat. He told Shri Kapur that he was a free man. Naturally, the necessary notification, showing that Shri Kapur was relieved of his office with effect from 14-1-1971, was to follow. 427. The statement of Shri Kapur, supported by those of the Prime Minister and Shri P.N. Haksar, had been accepted by the trial Court as correct so far as tender of this resignation and its acceptance, in all the stages followed by the notification in the Gazette went. The learned Judge held that the President gave his assent on 21-1-1971. Shri Kapur's letter of resignation must have been duly forwarded and was acted upon. This was the learned Judge's finding. Shri Kapur did not work in the Prime Minister's Secretariat after 13-1-1971 and he drew no salary as a Govt., servant after that date. The notification in the Gazette could not according to rules, take place until Shri Kapur had handed over charge. He signed and completed the necessary papers relating to relinquishment of the charge of his office on 13-1-1971, but he put the date 14-1-1971 under his signature on the document evidencing a formal handing over of charge as it was to take effect from that date. The trial Court held that the resignation of Shri Kapur would be effective from 25-1-1971 notwithstanding the fact that his request to be relieved from office, with effect from 14-1-1971, had been accepted and acted upon immediately by Shri P.N. Haksar as the official head of the Prime Minister's Secretariat. The papers were sent to the Secretariat of the President of India for completion of formalities. The formal Presidential sanction having been obtained the notification dated 25-1-1971, declaring the resignation of Shri Kapur to be effective from 14-1-1971, was published on 6-2-1971. 428. On the facts stated above there could be no doubt whatsoever that Shri Kapur was not asked to do anything at all in connection with her election by the Prime Minister herself, but he had decided to take interest in it voluntarily as he had some polticial ambitions; and, therefore he had asked the Prime Minister to be relieved of his office in her Secretariat with effect from 14-1-1971. It is unfortunate that the learned Judge thought that there was something almost minister in Shri Kapur taking such interest in the election or in hoping to enterpolitical life through absolutely legitimate means. There is not the slightest reason for anyone who fairly examines the evidence of Shri Kapur, supported by that of the Prime Minister and Shri P.N. Haksar, to doubt the motives or the veracity of Shri Kapur on this point. He frankly stated that his ambition was to inter political life. In any case, the motives of Shri Kapur were not on trial. If such assistance as he may have rendered was entirely voluntary, without any request or solicitations from the Prime Minister. I do not see how, on the view of the correct legal position stated above it made any difference to the result even if Shri Kapur had continued to be a Government servant upto 25-11-1971. 429. Shri P.N. Haksar was aware of and cited the applicable rule for a resignation by a temporary Government servant, as Shri Kapur was, and