Inference that explanation of petitioner was accepted and disciplinary proceedings dropped can be drawn from circumstance.

The petitioner joined the service of the Hindu Religious Endowments Board on 1st April, 1949 . He was confirmed in the cadre of clerk on 10th October, 1960. The post of Inspector also belonged to that cadre. He was promoted to the cadre of Upper Division Inspector on 1st April, 1961, and confirmed in the said cadre of Assistants, including Inspectors, from 1st July, 1966. When the petitioner was functioning as Inspector, Dharapuram, from 5th May, 1958 to 3rd November, 1959, he was alleged to be guilty of certain irregularities in the discharge of his duties. “ Consequently, on 14th April, 1960, the Assistant Commissioner, Hindu Religious and Charitable Endowments Board (Administration Department), Coimbatore, framed four charges against the petitioner and called upon him to submit his explanation within three weeks from the date of the receipt of the charges on 25th May, I960, the petitioner submitted his explanation with reference to the said charges. By a communication dated 6th February, 1961, the said Assistant Commissioner required the petitioner to state within fifteen days from the receipt of the communication whether he desired an oral enquiry or only to be heard in person. Not having received any reply from the petitioner, the Assistant Commissioner sent a reminder on 5th March, 1961 asking the petitioner to acknowledge the receipt of the communication dated 6th February, 1961. On 16th March, 1961 the petitioner acknowledged the receipt of the communication dated 6th February, 1961. Notwithstanding this acknowledgment, the petitioner did not inform the Assistant Commissioner whether he wanted an oral enquiry or to be heard only in person. Under these circumstances, the Assistant Commissioner on 30th September, 1961, came to the: conclusion, as a result of a perusal of the explanation of the petitioner and the records, that the charges framed against the petitioner were established. He was of the view that, as punishment, increment might be stopped for a period of one year with cumulative effect and he also recommended that the Commissioner might be addressed to revert the petitioner as a clerk and never to post him as Inspector in view of the fact that he was thoroughly unreliable. The Assistant Commissioner, Hindu Religious and Charitable Endowments (Administration Department), Tirunelveli, sent a communication dated 19th October, 1961, enclosing a copy of the report of the Assistant Commissioner, Coimbatore, and stating:

” The following punishments have been proposed to be awarded:

(i) To withhold the increment for one year with cumulative effect ;

(ii) To revert the incumbent as clerk and never to post him as Inspector as. he is thoroughly unreliable.

Sri E. S. Athithyaraman, Inspector, Tuticorin, is requested to show cause within one month from the date of receiving this communication why the abovesaid two punishments should not be awarded to him. If no explanation is received within the stipulated time, orders will be passed on materials available.“

This communication came to be sent by the Assistant Commissioner, Tirunelveli, because at that time the petitioner was working under him as Inspector, Tuticorin. The petitioner sent his explanation on 14th December, 1961, with reference to the findings of the Assistant Commissioner, Coimbatore. Subsequent to this date till August, 1965, the petitioner did not hear anything about the matter. However, during this interval, by an order dated 1st April, 1963, the temporary promotion of the petitioner to the post of Upper Division Clerk was regularised with effect from 1st April, 1961. While so, the petitioner on 25th August, 1965, received a communication, dated 20th August, 1965 from the Assistant Commissioner, Ramanathapuram at Madurai, since the petitioner was at that time working as Inspector, Sivaganga. The said communication is as follows:

” Sub: Disciplinary proceedings -against Sri E. S. Athithyaraman former Inspector -Dharapuram Devasthanam -Charges framed -Ex