Choudhary, J.

1. The opposite party in this proceeding is one Mr. Brijnandhan. Sinha, Deputy Secretary to Political and Appointment Department, Government of Bihar, Patna, who has been asked to show cause as to why he should not be proceeded with con-tempt of Court. The proceeding was started on an application being made by the petitioner, Mr. Jyoti Narayan, Deputy Magistrate and Deputy Collector, residing at present in mahalla Kadamkuan, one of the quarters of the town of Patna.

2. The petitioner is a member of the Bihar-Judicial Civil Service, Executive Branch. It appears that the State Government received reports about serious misconduct and corrupt practices of Mr. Narayan in the discharge of his official duties while he was a Sub-divisional Officer at Aurangabad & it was decided accordingly that an enquiry into the truth of the various charges against Mr. Narayan should be made under the provisions of the Public Servants (Inquiries) Act (No. 37) of 1950 (hereinafter to be referred to as the Act) and! Mr. Anjani Kumar Saran, who was then an Additional District and Sessions Judge of Gaya and is now a District and Sessions Judge of that place, was appointed Commissioner u