Judgement

IMAM J.: This is an appeal against the decision of the Allahabad High Court affirming the decision of the Civil Judge of Allahabad.

2. The appellant was appointed to the United Provinces Civil (Executive) Service in1940 and in due course was confirmed. He was posted to various stations and in 1944 he was posted to Lakhimpur Kheri, where he joined in July 1944. On 23-8-1944, the Deputy Commissioner of Lakhimpur Kheri received a telegram from Government informing him that the appellant was suspended forthwith pending inquiry into his conduct and that a copy of the telegram was forwarded to the appellant for information. On 26-8-1944, the Deputy Commissioner wrote to the appellant that he was required to appear before the Commissioner of the Lucknow Division on 28-8-1944, to answer the charges, a copy of which would be forwarded to him. He further informed the appellant that he could treat his case under rule 55 of the Civil Services (Classification Control and Appeal) Rules of 1930, published in the United Provinces Gazette of 28-6-1930.

The appellant was further informed that in view of his suspension his leave application was cancelled. On 28-8-1944, the appellant appeared b