DAVE, C.J.—This is a writ application under Art.226 of the Constitution of India by Dr. Kishan Singh Inda who is C.A.S. Class II in the Medical Department of the Rajasthan State.

2. It is directed against the order of the respondent dated 25th August, 1960, whereby the petitioner was punished on two charges. The first charge against him was that he used service stamps in his private correspondence, from his home-town Balesar, with the Chief Medical Officer, Sirohi, when he was on leave between 22nd October, 1954 and 12th March, 1955 and thus he misappropriated government funds. This charge was held to be proved and he was given a warning to be more careful in future.

3. The next charge against him was that in June, 1957 when he was posted at Banklee, he was transferred from there to Bassi. He did dot carry out this order under false pretext and appelied for sick leave without being sick. Moreover, he approached higher authorities for getting his transfer set aside and thus committed a breach of discipline. Eventually, he was posted at Maroth and then he joined at that place on 11th March, 1958. This charge was also found proved and he was punished with stoppage of two increments with

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