KANHAIYALAL Vs. STATE OF RAJASTHA

JUDGEMENT

(1.) THIS is an application under Art. 226 by Kanhaiyalal who was a peon in Tehsil Malpura against his dismissal.

(2.) THE facts which have led to this petition may be briefly mentioned. Kanhaiyalal had been in service since 1930. A complaint was made against him of the 26th of August, 1952 by on Modu Daroga before the Sub-divisional Officer, Malpura in which it was said that the applicant had taken Rs. 4/- from him, viz, Rs. 1/-- as bribe and Rs. 3/- for getting an application prepared and presented. It was made clear further by Modu in his statement that Rs. 3/--were paid for getting the application prepared through Chiranjilal petition-writer and Re. 1/-- was paid as bribe. It was found on enquiry that Rs. 3/--were actually paid by Kanhaiyalal to Chiranjilal Petition-writer on behalf of Modu. As for the bribe of Rs. 1/-, the Tehsildar was of opinion that the case relating to bribe had not been duly proved. Consequently, the Tehsildar recommended that the applicant should be transferred and his promotion should be stopped for a certain time. This was done by the Tehsildar as the papers were sent to him by the Sub-divisional Officer for enquiry and report. THE Tehsildar completed the enquiry within one day and submitted his report to the Sub-divisional Officer on the 27th of August, 1955. THE Sub-Divisional Officer thereupon proceeded to hold on that very day against the report of the Tehsildar, that Kanhaiyalal had taken Re. 1/- as bribe. He also then and there dismissed him. THEre was an appeal against this order of dismissal which was also dismissed. THEn the applicant came to this Court in writ and while that writ application was pending, the order of dismissal, dated the 17th of August, 1955 was cancelled because it was realised that it had been passed without complying with the provisions of Art. 311 of the Constitution. Consequently the writ application in this Court was dismissed.