Judgment

SHELAT, J.: - This appeal founded on a certificate, is against the judgment and order passed by the Letters Patent Bench of the High Court of Calcutta which, setting aside the judgment end order of a learned Single Judge, allowed the writ petition filed by the respondent and issued a mandamus directing the appellant. State not to enforce its orders issued under Rule 20 (1) and Rule 23 (1)(i) of the Government Servants Conduct Rules, 1926.

2. The respondent was appointed in June 1945 as a sub-inspector under the Director General (Transportation and Storage) of the Civil Supplies Department of West Bengal Government. In December 1951, he was attached to the movement section under the Directorate of Transportation in the Department of Food. He was placed under suspension by an order dated December 21, 1951. That order provided that he would be paid 25 per cent of his basic pay during the period of suspension. On January 19/21, 1952 he was served with a charge-sheet containing four charges (1) that he published a certain pamphlet without obtaining the previous sanction required by Rule 20 of the said Rules, (2) that the said pamphlet contained criticism of the Government capable