Judgment

VENKATARAMA AIYAR

( 1 ) THIS is an appeal by special leave against the judgment and order of the High Court of Punjab in an application under Art. 226 of the Constitution setting aside an order dated 16/09/1954, dismissing the respondent herein, from Government service on the ground that it was in contravention of Art. 311 (2) of the Constitution.

( 2 ) THE respondent was, at the material dates, an Assistant Controller in the Commerce Department of the Union Government. Sometime in the middle of March, 1953, one Shri Bhan, a representative of a Calcutta firm styled Messrs. Gattulal Chhaganlal Joshi came to Delhi with a view to get the name of the firm removed from black list in which it had been placed, and for that purpose, he was contacting the officers in the Department.

INFORMATION was given to Sri Tawakley an assistant in the Ministry of Commerce and Industry (Complaints Branch), that Sri Bhan was offering to give bribe for getting an order in his favour. He immediately reported the matter to the special Police Establishment and they decided to lay a trap for him. Sri Bhan, however, was willing to pay the bribe only after order in his favour had been made and communicat