Judgment

MITTER, J.:- The question in this appeal is, whether the order of suspension passed on the respondent on July 31, 1964 was properly struck down by the Patna High Court

2. The facts are as follows: The respondent is a member of the Indian Police Service appointed on 25th January, 1957 and at the material time he was holding the substantive rank of Deputy Superintendent of Police in Bihar. In June 1962 he was posted at Ranchi. He was transferred to Patna and appointed as Special Officer, Political, General and Transport Department on July 23, 1964. The order of which the validity is in question ran as follows :

"Whereas serious allegations of corruption and malpractices have been made against Shri T. N. Ghosh, I. P., Deputy Inspector General of Police, Southern Range, Ranchi;And whereas the said Shri T. N. Ghosh is also reported to have contravened certain provisions of the All India Services (Conduct) Rules. 1954;

And whereas the enquiries made by the Government of Bihar into these allegations have revealed that there is a prima facie case made out against him.

And whereas disciplinary proceedings in respect of these matters are contemplated against the said Shri T. N. Ghosh;

And