Judgement

RAMASWAMI, J.:- This appeal is brought, by certificate, from the judgment of the Bombay High Court dated August 10, l961 by which the appeal of the respondent against the judgment of S. M. Shah, J. of that High Court was allowed and the suit of the appellant was dismissed.

2. The appellant was a member of the Bombay Medical Service. Class II and as such was an employee of the State of Maharashtra. In 1943, the appellant was posted at the Civil Hospital, Ahmedabad and on February 18, 1950 he was in-charge of the Medico-Legal Section of that hospital. On January 19, 1950, one Nabimahomed complained to Mr. Rathod, Sub-Inspector of Police, Anti-Corruption Branch, Ahmedabad, that the appellant had demanded Rs. 50 over and above his fees for issuing a certificate to him in order to enable him to claim compensation under the Workmen s Compensation Act. On January 20, 1950, a trap was arranged and it is alleged that the appellant received Rs. 55 from Nabimahomed Rs .5 as fees and Rs 50 as illegal gratification. The Sub-Inspector, Mr. Rathod then submitted a report to the Additional Assistant to the Inspector-General of Police, Anti-Corruption Branch setting out the facts leading to