P.C.Pandit, J.

1. This is a petition under Articles 226 and 227 of the Constitution filed by Bishamber Lal against the State of Punjab challenging the legality of the order dated 16-7-1962 passed by the Secretary to the Government, Punjab, Irrigation and Power Department, dismissing him from service.

2. According to the allegations of the petitioner, he joined as a Store-keeper in the Irrigation Department in 1951 and was posted in Hissar-II-Bhakra. In 1954, he was transferred to the Bighar Sub-Division. On 7-9-1956, a payment of Rs. 55/- was made to one Harlal, Beldar, by the Sub-Divisional Officer, Bighar Sub-Division. Soon after it came to light that this payment was made wrongly, because the person, who posed to be Harlal, was in fact, not that person since Harlal had died long ago. The petitioner was not responsible for getting this wrong payment made, because this was not a part of his duty, but even then the Sub-Divisional Officer and the Executive Engineer, Fatehabad Division, Hissar, asked his explanation about the circumstances in which the said payment was made. On 13-10-1956, the petitioner submitted his explanation to the Executive Engineer and maintained that