F. I. REBELLO, J.

( 1 ) THE Petitioner joined services of Respondent No. 1 in the accounts Department as Lower Division clerk. In the year 1977, F. I. R. came to be lodged against the Petitioner and three others for the offences punishable under Sections 420, 380, 411 and 120 (b) of I. P. C. The investigation was conducted by A. G. P. and criminal Case was filed in the court of metropolitan Magistrate, 20th Court, esplanade, Bombay. The Petitioner was suspended by order of 6-1-1977. The petitioner along with another amongst the five accused, were discharged. In fact the discharge order of 24-7-1988 would show that the learned Metropolitan Magistrate held that there was no evidence and that the Petitioner and another had no connection with the transaction and A. P. P. had conceded the position. The Respondent did not prefer any appeal or revision against the order of discharge.

( 2 ) BY an order of 24-7-1978 the order of suspension was reviewed and the petitioner was reinstated. On 9-7-1981 petitioner received charge-sheet. The charges as set out against the petitioner were as under:

"article I : That the above said Shri. G. B. Patil misused his official position to help som