MEHAR SINGH, J.

1. The petitioner, Nand Nandan Sarup, in this petition under Articles 226 and 227 of the Constitution, was, on September 16, 1963, Naib Court Foot Constable in the Court of the Sub-Divisional Magistrate at Patiala, and is said to have been caught red-handed on that day, accepting a bribe of Rs. 4.00 from one Mohinder Singh. A case in that respect having been registered, investigation for an offence under Section 5(2) of the Prevention of Corruption Act, read with Section 161 of the Penal Code, having been completed, a report in regard to the incident was made by the Superintendent of Police, Patiala, on September 27, 1963, to the District Magistrate of Patiala, who, in his order of the same date, said that he had gone through the report of the Superintendent of Police and the preliminary enquiry report of the Deputy Superintendent of Police against the petitioner, and, as a prima facie case was proved against the petitioner, he should be proceeded against departmentally. In the last part of his order the District Magistrate said that, therefore, he was sanctioning the holding of a departmental enquiry against the petitioner. The case had been placed before t