The petitioner in this application, who is a Railway servant i.e. Health Inspector, Pathandih, challenges the order of the Disciplinary Authority dated 27.10.78 removing him from his service with immediate effect. According to the petitioner the said order was served on him on 15.11.78.

2. As the facts of this case are not in dispute, only a brief reference thereto may be made.

3. The petitioner was charged with an offence under S. 161 of the Indian Penal Code and S.5(l)(d) read with S.5(2) of the Prevention of Corruption Act. 1975 on the allegation that be took Rs. 40/- as bribe or illegal gratification from two sweepers of the Eastern Railway working under him. Thereafter, by the order dated 20th November 1975 issued by the Disciplinary Authority i.e., the respondent no. 3 the petitioner was suspended from service with effect 1.11.75. In the criminal case instituted against the petitioner by the judgment and order dated 20th July, 1978 the learned Judge, Special Court, Howrah found the petitioner guilty of the charges and convicted him under S. 161 of the Indian Penal Code and S.5(2) of the Prevention of Corruption Act, 1947 and sentenced the petitioner to rigorous imprisonmen