Imam, J.

1. This is an application under Article 226 of the Constitution of India for issuing a writ in the nature of a writ of certiorari or any other appropriate writ, with a prayer that this Court should direct the opposite party to revoke the order dismissing the petitioner on 31-10-1949, based on the report of the Commissioner, and to further direct that the petitioner be treated as continuing as a member of the Bihar Civil Service.

2. The case of the petitioner, Sri Bankim Chandra Mukherji, is that he joined the service of the Government of Bihar and Orissa in 1922 as a Sub Deputy Collector and that in 1930 he was promoted to the rank of Deputy Collector on account of his efficiency; that in 1932," the petitioner was specially appointed to the post of inspector of Mica Accounts under the Bihar and Orrissa Mica Act of 1930, and was stationed at Kodarma in the district of Hazaribagh; that for his good work, the Government awarded him a sanad and also conferred the title of Rai Saheb on him; that the petitioner had the misfortune of coming in conflict with Sri K. B. Sahay, an influential Congress leader in the district of Hazaribagh, concerning the administration of the Mica Act and also with regard to the prosecution of a wealthy mica dealer; it is alleged that the "Searchlight" had severely criticised the petitioners administration under the Act and that the paper had done so at the instance of Sri K. B. Sahay; that ultimately the allegations made by the Searchlight were withdrawn and the paper apologised to the petitioner; it is further alleged that when the Congress took office for the first time in 1937, the petitioner was removed from the post of the Inspector of Mica Accounts and was transferred to Gaya, though every effort was made for the postponement of the transfer through the recommendation of the Deputy Commissioner which recommendation was rejected by the Government; that in 1939, the petitioner was appointed Subdivisional Officer at Gaya, and whilst he was there, war broke out, and in 1940, the petitioners services were requisitioned by the Government of India for employment as Additional Mica Inspector under the Government of India in order to control the export of mica; that in July 1943, the petitioner was posted to Araria as Subdivisional Officer and was there as such till September, 1946; that on account of the petitioners good record, he was promoted to the rank of Additional District Magistrate in 1946; that whilst the petitioner was at Araria as Subdivisional Officer, he had to take stern measures for checking blackmarketing and profiteering and remedying the affairs of three public institutions, namely, the Araria High English School, the Co-operative Bank and the Girls School; that due to the stern measures, the petitioner incurred bitter hostility of a group of businessmen and some lawyers; that some of these businessmen combined against the petitioner to humiliate and punish him for the steps which he had taken against them; that some of these businessmen became principal witnesses against the petitioner in the enquiry against the petitioner that was held by the Commissioner subsequently; that in the middle of 1945, in consequence of the conspiracy hatched against the petitioner petitions were filed before the Provincial Government making allegations against the petitioners honesty and integrity; that under the orders of the Government, the District Magistrate was directed to hold an enquiry into the allegations, and these allegations were found to be false, and the District Magistrate was directed to take action against the mischief mongers; that after the Congress had come into office in April, 1946, the petitioners enemies approached the Government and renewed their allegations against the petitioner, and the petitioner was again subjected to the same kind of unfair treatment as in 1937 and 1938; that the Congress Government in spite of the result of the enquiry held during the term of