JUDGMENT

CHANDRACHUD, J.:—On Aug, 26, 1938, the appellant was appointed 387 as a clerk by the Divisional Superintendent, East Indian Railway and was confirmed in that post on Aug. 26, 1939. On May 13, 1948 while he was working in the grade of Senior Clerk in the Establishment (Personnel) Branch, his name was put on a panel which was prepared or considering promotions to Selection Posts of Grade I Clerks for the Personnel Branch of the Divisional Superintendents Office, Lucknow. The appellant officiated twice in the Selection Posts of Grade I. On July 13, 1948, he was again put on a panel for being considered for promotion to the post of Grade I Clerk in the same Group of the Service as controlled by the Headquarters Office.

2. During the course of the Selection proceedings in 1948 a complaint was made against the appellant that he had drawn ration on the ration cards of porters who had already been discharged from service. A preliminary enquiry was held by the Railway Authorities into that complaint as a result of which the appellant was suspended from service. Later, by an order dated October 20 1948, the Divisional Superintendent removed the appellant from service.

3. On Sept. 5, 1