JUDGMENT - (1) This is a petition under Articles 226 and 227 of the Constitution of India, by Police constable Madhosingh. It is directed against the order of the District Superintendent of Police, Wardha, second respondent hereto, made on 8-5-1958, whereunder the petitioner is reduced in pay by Rs. 2/ p.m. for a period of two years beginning with the month of May 1958 and with a further order that this reduction will have the effect of postponinghis future increments, and the affirming orders in appeal and revision made on 29-7-58 and 17-1-59 by the Deputy Inspector General of Police and the Inspector General of Police respondents 3 nd 4 respectively.

(2) Facts in brief are that the petitioner at the material time was posted as police constable in Wardha, a district place in the Vidarbha region. The petitioner was residing on the ground floor of a house. In the same house on the upper floor Shri Desai, Company Commandant of the Home Guards Wardha and one Bhagwansingh were residing. This house had no pucca latrine. A temporary latrine was therefore put up by the said Bhagwansingh and it was used by Bhagwansingh ad Shri Desai. They also did not raise any objection to the use of that

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