Judgment

SHAH, J. : The appellant was an employee of the Government of India in the Post and Telegraphs Department and held the post of Divisional Engineer Telegraphs at Agra in 1947. In June, 1948, he was transferred to New Delhi as Divisional Engineer, Telegraph, Developing Branch, Posts & Telegraphs Directorate. On September 18, 1948, the appellant was suspended from service and a charge-sheet containing the following two charges was delivered to him :

"(i) That he, with a view to secure illegal gratification for himself and/or for others, committed serious irregularities in the matter of allotment of Telephones in Agra during the period he was Divisional Engineer, Telegraphs, Agra, and

(ii) That by being a party to commission of gross irregularities in the matter of allotment of Telephones in Agra, he facilitated acceptance of illegal gratification by his subordinates."

An appendix setting out the allegations on the basis of which the charges had been framed was also enclosed, and the appellant was called upon to submit his defence to the charges to the Enquiry Officer named therein. The appellant was further asked to show cause why, in the event of charge (i) being proved, he shou