K.L.Gosain, J.

1. This appeal under Clause 10 of the Letters Patent arises out of a petition under Article 226 of the Constitution of India by Joti Parshad who was dismissed from the Police Force by an order passed by the Superintendent of Police, Gurgaon, and the sole point which falls for decision is whether provisions of Article 311 (2) of the Constitution of India were duly complied with in the matter of dismissal of the petitioner. (2) The petitioner was appointed as a Constable on 2-10-1939 and was confirmed as such on 2-10-1942. He was then promoted as Head Constable in 1944 and later as an Assistant Sub-Inspector on 13-10-1949. He was sometime thereafter reverted back to the post of Head Constable and on 4-4-1951 he was again promoted as Assistant Sub-inspector. In January 1953 he was transferred to Karnal under the orders of the Deputy Inspector General of Police, Ambala, and in the second week of March, 1953, he was transferred from Karnal to the Recruiting Training Centre in Jahan Khelan in Hoshiarpur District. On 4-4-1953 he received summonses by a wireless message to appear as a witness in a departmental enquiry against one Pt. Ram Saran Das, Head Clerk of the