Das, J.

1. This is an application for the issue of a writ, praying that the order of removal passed against the petitioner, with effect from the afternoon of 31-7-1948, be quashed and that the petitioner be reinstated to the post which he held before his removal from service.

2. The relevant facts as alleged by the petitioner are the following. The petitioner, Sri Bhagwan Das, worked as a clerk under the then East Indian Railway Company from 13-8-1923, to 31-12-1924. The East Indian Railway Company was taken over by the Government of India sometime in 1925, and by an agreement dated 29-10-1925, the petitioner accepted the offer of the Railway Board to serve the Government of India as a clerk from 1-1-1925. In pursuance of the said agreement, the petitioner continued in State Railway Service and worked as Head Bill Clerk in the Engineering Accounts Department in the office of the Divisional Superintendent, Dinapur. It was alleged by the Railway Department concerned that the petitioner was absent from duty without sufficient cause on 19-11-1947, and again on the 25-12-1947. Two charges were framed against the petitioner and he was asked to explain. It is stated that the petit