( 1 ) THE facts in this case are shortly as follows: The petitioner was employed as a Sub-Inspector of Police under the Commissioner of Police, Calcutta. While he was attached to the Bankshall Court South, as one of the Police Prosecutors, a charge-sheet was drawn up against the petitioner by the Assistant Commissioner of Police, Arms Act Department on a charge of gross misconduct, with the approval of the Deputy Commissioner of Police. He was found guilty of the charges and dismissed from service with effect from nth November, 1957. The petitioner thereupon, made an application to this Court tinder Article 226 of the Constitution. A rule was issued being C. R. No. 2791 of 1960. The rule came up for hearing before me on the 10th December 1962 and was made absolute, on the ground that the petitioner's appointing authority was the Commissioner of Police and the charge-sheet which was issued by the Deputy Commissioner of Police and the proceedings and thereunder were invalid. Thereupon on the 5th April, 1963 the Commissioner of Police passed the following order:"in view of the orders passed by Hon'ble Mr. Justice D. N. Sinha of the Calcutta High Court in Civil Rule No