(1.) THIS is an application presented by the applicant in the O. P. for directing the respondent-State for producing in court 6 documents listed in the affidavit accompanying the application.
(2.) THE O. P. itself is for a writ of certiorari to bring up the proceedings terminating in the order removing the applicant from service dated 9. 10. 1951 and the order dated 25. 1. 1952 rejecting his application for review of the aforesaid order. THE entire records of the proceedings leading up to those orders are those to be removed to this court for purposes of the original Petition. This Court being satisfied upon preliminary arguments that there is a case for consideration, issued notice to the respondent. Pursuant to that notice respondent has not returned any document but has filed a counter-affidavit and produced 33 documents stating them to be for purposes of evidence on behalf of the respondent. THE proper return to an order issuing notice upon an application of this description should be a return producing the records forming the subject-matter of the proceedings in certiorari. Rules have not been framed by this High Court as regards the procedure applicable to original Petitions. In the absence of such rules, it cannot be regarded that the respondent was in default in not having made the return as aforesaid. THE respondent however will now make the return in the manner above indicated.
(3.) THE second document read in the order dated 9. 10. 1951 is the letter from the Public Service Commissioner. THE correspondence leading to it and the further correspondence, if any, thereafter, should necessarily form part of the aforesaid proceedings. THEy have all to be produced and no privilege could be claimed in respect of any one of them.