JUDGMENT :

Divan, J.

The petitioner herein has challenged the validity of Rule152 of the Bombay Civil Services Rules as unconstitutional and void and has further prayed for a direction against the opponent's directing them to treat the show cause notice dated February 18, 1967, Annexure-1 to the petition and the Order, dated April 23, 1968. Annexure L to the petition as illegal, void and of no effect whatsoever. He has further sought for a direction against the opponents for treating the period of the petitioner's absence from duty from June 6. 1957 to October 28, 1965, as period spent on duty for all purposes and for a direction to the opponents to pay the petitioner full pay and allowances for the peeled from June 6. 1957 to October 28, 1965.

2. The case of the petitioner is that he was appointed a Junior Grade Clerk in the Civil Class III Post in the then Province of Bombay, on September 20. 1931 by the District Superintendent of Police. Ultimately on May 1, 1957, the petitioner was promoted as Herd Clerk to the District Superintendent of Police, Banaskantha District. On June 5, 1957, the petitioner was arrested for an alleged offence of criminal breach of trust in his capacity as