(Judgment of Sarkar, Subba Rao and Mudholkar JJ. was delivered by)

Judgment

SUBBA RAO, J. : This is an appeal by special leave against the judgment and order of the High Court of Judicature at Allahabad, Lucknow Bench, allowing the petition filed by the respondent under Art. 226 of the Constitution.

2. The facts are in a small compass and may be briefly stated. In the year 1933, the respondent was appointed a constable in U. P. Police Force; on December 1, 1945, he was promoted to the rank of head constable and in May, 1952, he was posted as officer incharge of Police Station, Intiathok, District Gonda. Complaints were received by the District Magistrate, Gonda, to the effect that the respondent was receiving bribes in the discharge of his duties. On September 16, 1952, the District Magistrate, Gonda, directed the Sub-Divisional Magistrate to make an enquiry in respect of the said complaints. On November 3, 1952, the Sub-Divisional Magistrate, after making the necessary enquiries, submitted a report to the District Magistrate recommending the transfer of the respondent to some other station. On November 17, 1952, the District Magistrate sent an endorsement to the Superintendent of Po