JUDGMENT

R. S. SARKARIA, J. :— This is an appeal by certificate under Art. 133 (1) (a) and (b) of the Constitution from a Judgment, dated July 28, 1966 of the Patna High Court, dismissing the appellants writ petition under Art. 226 of the Constitution, for impugning an Order of his removal from Government service.

2. The facts are as follows :-

The appellant, Nand Kishore Prasad, was appointed as ministerial servant by the District Magistrate, Shahabad, in his office at Arrah on June 16, 1930. He was confirmed in service in the year 1933.

3. In 1950, the appellant was transferred to Sasaram as a Bench Clerk in the Court of Shri R. Singh, Judicial Magistrate. His normal duty was to aid and assist the Court by putting up cases for hearing and disposal.

4. In April 1952, he was transferred from Sasaram to Buxer as an Election Clerk. On September 16, 1954, the Sub-Divisional Officer, Sasaram, summoned the appellant and asked him to explain the outstanding fine of Case No. 886-C/104 T. R. of 1950 (The State v. Sarju Chaubey and others) decided by Shri R. Singh, Magistrate, Sasaram, on April 26, 1950.

5. Three Money Order coupons, two for Rs. 500/- each and one for Rs. 68/-, were sent by the Police Sub-Inspector of Kargahar to the Magistrate, Shri R. Singh. These amounts represented the fine recovered from the persons who were convicted in the aforesaid case. The appellant was confronted with those Money Order coupons which purported to bear the initials of the appellant, and was asked to trace if the money had been credited to the Government. The appellant inspected the records and found an entry in the Fine Register of the Court relating to the year 1951 which was to the effect, that an appeal arising out of the case, in question, had been allowed and the fine remitted. The appellant brought that entry to the notice of the then Magistrate, Shri M. P. Singh, and submitted a written report to the Sub-Divisional Officer, stating that the initials on the Money Order coupons were not his and he had never received the amounts. The appellant further mentioned that he had discovered the aforesaid entry in the Fine Register.

6. At the relevant time, one Triloki Prasad Sinha was the Fines Clerk in the Court at Sasaram and the entry, in question, in the Fine Register was in his handwriting. Triloki Prasad Sinha admitted that this entry of remission was in his handwriting, but alleged that he had made it on the basis of an extract of the order of the Appellate Court, transmitted to him by the appellant. The appellant denied that he had sent any such extract or information to the Fines Clerk and alleged that, according to the practice of the office, appellate judgments were transmitted to the Fines Clerk, in original, by all the Courts, regularly.

7. On January 26, 1955, the appellant was suspended from service. On February 1, 1955, the Magistrate in-charge of Fines, Sasaram, lodged a First Information Report in the local Police Station for prosecution of Triloki Prasad Sinha and the appellant in respect of offences under Ss. 120-B, 409, 466, 468, 474 and 477 (A) of the I.P.C. After investigation, the Police submitted a charge-sheet in the Court of the Sub-Divisional Magistrate, Sasaram, against both Triloki Prasad Sinha and the appellant.

8. The trial Magistrate, after making an inquiry under Chapter XVII of the Cr. P.C., 1898, discharged both the accused persons, holding - (i) that there was nothing direct against Nand Kishore Prasad (appellant herein) to show that he had sent a false or wrong extract to the Fines Clerk, "except the statements of a co-accused exculpating himself which is of little worth", and (ii) that "this accused cannot be connected with the receipt of the money", i.e. the Money Orders in question.

9. On February 29, 1956, after his discharge by the Criminal Court, the appellant submitted his joining report to the Sub-Divisional Officer, Buxer, and prayed for permission to join duty. No orders were passed on that application of th