( 1 ) IN this matter I have had the opportunity of reading the judgment of my learned brother Chatterjee J. I agree with his findings, and would like only to deal with the constitutional point involved in this application. That point is shortly as follows: Dr. A, T. Sen was appointed as a member of the State Public Service Commission on the 14th January, 1952. He was appointed as Chairman thereof on the 16th November 1954. Section 82 of the Calcutta Municipal Act 1951 provides that the State Government shall, as soon as may be after the commencement of the said Act, constitute a Municipal Service Commission consisting of a Chairman who shall be a member of the State Public Service Commission, deputed by such Commission from time to time, and two members, one of whom shall be nominated by the State Government and the other by the Corporation. At the relevant time, that is to say, in March, 1958 Dr. A. T. Sen was purporting to act us the Chairman of the State Public Service Commission and was also acting as the Chairman of the Municipal Service Commission, On March 29, 1958 the Municipal Service Commission with Dr. A. T. Sen as the Chairman informed the Corporation that it