The petitioner was employed as an upper division clerk in the Municipal Office at Tiruvannamalai and he has moved this Court for the issue of a writ of prohibition to direct the Commissioner of the Municipality not to proceed with certain disciplinary proceedings initiated with a view to terminate his service in the Municipality.

The facts giving rise to this petition are shortly these:

The petitioner, as mentioned earlier, is an upper division clerk in the Municipal Office at Tiruvannamalai. While so, he was charged before the Additional First Class Magistrate, Tiruvannamalai, of the offence of cheating under section 420, Indian Penal Code in C.C. No. 94 of 1955. The petitioner was convicted by the Additional First Class Magistrate on 29th March, 1954, but instead of sentencing him to imprisonment, taking into account the youth of the accused and the fact that he was a first offender the learned Magistrate directed him to be released on his entering into a bond on a sum of Rs. 500 with two sureties for a like amount under section 4(1) of the Madras Probation of Offenders Act (III of 1937).

Under Rule (3) of the Rules framed regulating the conditions and tenure of services under