1. In this case the petitioner Sri Makeshwar Nath Shrivastava has obtained a rule from the High Court calling upon the respondents to show cause why a writ in the nature of certiorari under Article 226 of the Constitution should not be issued for quashing the order of the State Government dated She 7th November, 1959, dismissing the petitioner from the post of Officiating Inspector of Police.

2. Cause has been shown by the Additional Government Pleader on behalf of the respondents to whom notice of the rule was ordered to be given.

3. It appears that in July, 1955, a proceeding was intiated against the petitioner, who was at that time an Inspector of Police at Saharsa, for misappropriation of property recovered in Katihar Government Railway Police station case No. 14, dated the 17th April, 1955, under Scctions 379 and 414 of the Indian Penal Code. The petitioner had showed cause and an inquiry was held by respondent No. 5, Sri M.B. Haque, who was Wing Commander of the Railway Protection Police of Samastipur.

4. On the 25th April, 1956, and on the 7th May, 1957. respondent No. 5 submitted his report to the Deputy Inspector General of police, holding that the chargcs against