Wanchoo, C.J.—This is an application by Dwarkachand under Art. 226 of the Constitution against the State of Rajasthan and its officers for a writ in the nature of prohibition.

2. The facts of the case are simple and are not in dispute. The applicant was a clerk working in Tehsil Sanchore in 1954. A report was made by the Tehsildar Sanchore, 30th of August, 1934, that he was alleged to have accepted illegal gratification from Kaluram Khatri of Sanschore. In that connection, the applicant had been arrested by the Deputy Superintendent of Police (Anti-Corruption Branch) though later he was released on bail. On receipt of this report, the applicant was suspended by the Collector, Jalore on the 31st of August, 1954. It appears that thereafter the Deputy Superintendent of Police (Ami-Corruption Branch) asked for sanction of the Collector to prosecute the applicant. The Collector held a departmental enquiry immediately after the report of the Tehsildar reached him. This was in accordance with Circular No. F. 1(6)18/Home-I/53, dated the 24th of June, 1953. According to this circular, a departmental enquiry was to be first held as expeditiously as possible. After such enquiry, only such case

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