1. - By this appeal under s. 18 of the Rajasthan High Court Ordinance, 1949, the State of Rajasthan (appellant) questions the correctness of the order dated December 11, 1974 of the learned single judge of this Court by which he allowed the petitioner-respondent's petition under Article 226 of the Constitution and quashed the order Ex. 5 dated September 17, 1965 by which the penalty of stoppage of two grade increments with cumulative effect was imposed upon the petitioner respondent.

2. Shri Amolak Chand Sanghi who is respondent in this appeal and was petitioner in the writ petition will hereinafter be referred as the petitioner. While the petitioner was posted as an Assistant Engineer, Irrigation, Jaipur, he was served with the following charge:

"that the said Shri Amolak Chand Sanghi, while functioning as Assistant Engineer, Irrigation at Baran and Kalisote Project during the period from 1954 to 1959 abused his official position by authorising, making and claiming unauthorised payments through fabrication of records with a view to cheating the Government thereby causing wrongful loss thereto, as indicated in the statement of allegations ".

The charge was accompanied by the