Judgement

HIDAYATULLAH, J.: This is an appeal by the State of Uttar Pradesh against the Judgment and order of the High Court of Allahabad, October 24, 1962, confirming in special appeal the decision of a learned Single Judge dated July 10, 1962. By the order the High Court has set aside the order of dismissal made by the State Government against the respondent C. S. Sharma on the ground that he did not have a fair enquiry before the Commissioner of Sales-tax when certain charges against him were inquired into.

2. The facts of the case are as follows. The respondent C. S. Sharma was appointed as a Sales-tax Officer in January 1949 and was transferred on April 1, 1950 to Hathras where he remained tin the end of September 1952. An enquiry was made with reference to certain allegations against him during hi period of stay at Hathras. On October 3, 1952, he was transferred to Lakhampur Kheri and was ordered not to visit Hathras until allowed by the authorities. It appears that in November 1952, an ex parte inquiry was made by the Assistant Commissioner and the proceedings were submitted with a preliminary report to the Commissioner. On the basis of this report an order of suspension was