( 1 ) THIS is an application under Article 226 of the Constitution praying that (a) writ of certiorari be issued quashing the order of the President dated 31-3-1955, (b) a writ of mandamus be issued directing the opposite parties not to prevent the petitioner from performing his duties as the superintendent of the Municipal Beard.

( 2 ) THE petitioner was working as the Superintendent of the Municipal Board, Auraiya, in the district of Etawah. Certain charges were framed against the petitioner by the President of the board. After the said charges had been investigated, they were ultimately dropped on 27-9-1954. On 24-2-1955, a letter, which purports to have been received by the general clerk of the Board in the office of the Board on that date was written by the petitioner. The letter reads as follows:

"sewa me nivedan hai ki kuchh karon bash prarthi ab Board ki sewa adhik dinon karne me braash hai. Aisi dasha me tyag patra swikar kiye jane ki kripa ki jave. "

Tne purport of the letter is that on account of certain reasons, the applicant was unable to discharge his duties as Superintendent of the Board and under those circumstances he submitted hia resignation which he p