Kanhaiya Singh, J.

1. This application has been presented by Kar-tick Chandra Dutta under Article 226 of the Constitution for a writ in the nature of certiorari for calling-up and quashing the order of the District Traffic Superintendent, North Eastern Railway, Katihar, dated 17-1-3955 by which he was removed from service with effect from 19-1-1956 with one months pay in lieu of notice. On the relevant date the petitioner was employed as a ticket collector on the North Eastern Railway and was posted at Katihar.

The allegations against him were that on 14-10-1954 for a child travelling from Jaynagar to Galsalia he demanded and realised from his relations Rs. 5/5/- on account of railway fare for the entire journey, but passed to them a ticket only from Katihar to Galsalia for Rs. 1/5/-, retaining the balance of Rs. 4/- with himself, with a motive to misappropriate it, and when two of his relations, namely, Bharat Chaiidra Kerola and Ram Prasad Bhungana, along with railway officers complained to the Government Railway Police at Katihar, he, on the intervention of railway officers, hurriedly issued a receipt for Rs. 3/13/- to the mother of the child.

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