( 1 ) BHALCHANDRA Ramchandra Vaidya the petitioner before us has filed this Special Civil Application against the State of Gujarat praying for the issue of a writ of certiorari or other orders and direc- tions under Articles 226 and 227 of the Constitution of India calling for the record and proceedings of the case against the petitioner and quashing and setting aside an order of dismissal passed against the petitioner and for the issue of a writ of mandamus or other writs orders and direc- tions under Articles 226 and 227 of the Constitution of India ordering the State of Gujarat to cancel the said order of dismissal or to forbear from taking any steps or action under the said order and from doing any act prejudical to the rights and interests of the petitioner. The petitioner has further asked for a declaration that the petitioner is and be continued in service of the Police Department of the State of Gujarat and be given his proper seniority and other reliefs.

( 2 ) IN the year 1949 the petitioner commenced service in the Police Department of the State of Saurashtra as a Deputy Superintendent of Police. In the year 1953 the petitioner was working as a Deputy Super- intendent of Police at Dhrangadhra. In the month of May 1953 the petitioners attention was drawn to a report in a local newspaper that one Jashwantrai whose wife Nirmala was then living had contracted a second bigamous marriage with one Pushpa. The petitioner thereupon suo motu ordered an enquiry to be held in the matter. The enquiry was held by Police Sub Inspector A. T. Vachharajani of the Dhrangadhra Police Station who submitted his report stating that no such marriage between Jashwantari and Pushpa was proved to have been contracted. On 3rd June 1953 K. C. Trivedi the brother of Bai Nirmala lodged a complaint with the Dhrangadhra City Police Station about the alleged bigamous marriage of Jashwantrai with Pushpa. This complaint was investigated by Vachharajani who submitted his report to the Police Inspector Dhrangadhra Sub-Division who in his turn submitted the papers to the petitioner. The petitioner concurred with the conclusion of the Police Sub Inspector that no offence of bigamy was proved to have been committed and that the First Class Magistrate Dhrangadhra should be moved to grant C summary i. e. that no offence had been committed and he made a recommendation to that effect. On 17th July 1953 Bai Pushpa and her mother Bhagirathi filed affidavits before the First Class Magistrate Dhrangadhra stating that a marriage had taken place between Jashwantrai and Pushpa and charging Jashwantrai with having committed the offence of bigamy. Thereupon on 2nd August 1953 the Magistrate ordered an enquiry under sec. 202 of the Criminal Procedure Code. The enquiry was made by the petitioner. He examined about 13 witnesses and ultimately came to the conclusion that no reliable evidence was forthcoming which would afford a reasonable chance of the case ending in a conviction. He made a report to that effect to the Magistrate and sent to him the entire record of the proceedings. The Magistrate did not accept the recommendation of the petitioner to grant C summary and called for a charge-sheet and proceeded with the case and ultima- tely convicted Jashwantrai and sentenced him to one years rigourous imprisonment and fine of Rs. 300. 00 for having committed the offence of bigamy. An appeal was preferred from the said order of conviction and sentence to the Sessions Court at Jhalawad. In the course of the hearing of the appeal Jashwantrais advocate admitted the fact of Jashwantrais marriage with Pushpa and the Sessions Judge confirmed the conviction but altered the sentence to one of three months rigourous imprisonment and a fine of Rs. 100. 00. The Government of Saurashtra took the view that the petitioner was superficial and negligent in his enquiry and ordered a departmental enquiry to he held against the petitioner. That was in the year 1955 The enquiry