A.N. GROVER, J.

(1) THIS is an appeal by certificate from a judgment of the Patna High court. The respondent was holding the substantive post of a Sergeant in the police force till 31/07/1946, in the State of Bihar. On 1/08/1946, he was promoted to officiate in the higher post of Subedar. On 9/01/1948, while he was still holding the substantive post of a Sergeant he was promoted to officiate temporarily as a Subedar-Major. It appears that on 3/10/1950, the Commandant of the Bihar Military Police, Muzaffarpur wrote to the Deputy Inspector-General of Police, Armed Forces, mentioning an incident between the respondent and his orderly on the night of 22/09/1950. The incident involved a physical assault by the respondent on the orderly. The Commandant made an inquiry in the matter and expressed the opinion that the respondent had actually assaulted his orderly by taking the law into his own hand instead of bringing any complaint which existed against the orderly to the notice of the higher authorities for proper action. In the penultimate paragraph of his letter the Commandant wrote, "to drop the above incident without taking action, in order to prevent any re-occurrence of the S