N. M. MIABHOY, M. U. SHAH, J.

( 1 ) PETITIONER Motising Chhagusing Vaghela has filed this petition under Article 226 of the Constitution of India. There is no dispute that at all the relevant times petitioner was an unarmed Police Head Constable and as such an employee of the former Bombay State The original respondent was Shri C. M. Thaker who was District Superin- tendent of Police Mehsana. There is no dispute that he was at the relevant time the officer competent to dismiss petitioner from service The present respondent Shri S. D. Mehta is the successor-in-office of the original respondent Shri C. M. Thaker. It will be convenient to mention the facts leading up to the present petition at first. On 16th April 1959 petitioner was serving at Patan Police Station District Mehsana. On that day he was suspended by the original respondent on the ground that he was involved in a corruption case. Subsequently petitioner was prosecuted in Special Case No. 3 of 1959 before the learned Special Judge Mehsana on the allegation that on or about 25th January 1959 petitioner had accepted a bribe of Rs. 90. 00 from one Shanker Parshottam of village Borsan as motive or reward for showing favour to

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