Judgment

SHAH, J. : In 1951 the appellant Devendra Pratap Narain Rai Sharma held the post of "Inspector Qanungo" in the Revenue Department of the State of Uttar Pradesh and was elected for the post of Tehsildar on probation. By order dated April 21, 1952, the Collector of Jhansi suspended the appellant and commenced an enquiry against him on certain charges of misdemeanour. In June, 1952 the Collector recommended to the Land Reforms Commissioner, that, the appellant be reverted to the post of "Naib Tehsildar", but the Commissioner recommeded to the State Government that the appellant be dismissed from service. The State Government accepted the recommendation of the Commissioner and dismissed the appellant service, by order dated September 16, 1953. The appellant then commenced an action (Suit No. 163 of 1954) in the Court of the Civil Judge, Lucknow challenging the legality of the order of dismissal principally on the ground that he was not afforded the opportunity of defending himself and of showing cause against the action proposed to be taken against him. The Civil Judge dismissed the suit but the decree of the Civil Judge was reversed by the High Court of Judicature at Allahabad