Judgment

MUKHERJEA, J. :- This appeal on special leave is from an order of the Division Bench of the Punjab and Haryana High Court dismissing summarily an appeal directed against a judgment and order of a Single Judge of that Court by which a petition of the appellant under Art. 226 of the Constitution of India was dismissed. The matter arises in connection with a disciplinary proceeding under the Punjab Civil Services (Punishment and Appeal) Rules, 1952 which has a very chequered career.

2. For a proper appreciation of the point raised in this case it is necessary to set out some of the salient facts. The appellant joined the Punjab Irrigation Department as a temporary Engineer in 1939 and in course of time became and Executive Engineer in that department. In December, 1954 he was arrested in connection with a case under Sec 5 (2) of the Prevention of Corruption Act which had been registered against one K. R. Sharma, Superintending Engineer, with whom the appellant had been working as a Personal Assistant. The appellant was, however, enlarged on bail. About the same time the appellant was suspended with effect from 13 December 1954 and certain departmental proceedings were started a