The first respondent joined the Baroda State Service in 1937. He was absorbed as a Sales Tax Officer, Class ill in the former State of Bombay after merger. In December 1962 he was served witb a charge-sheet containing allegations of attempt to obtain illegal gratification from certain cloth dealers. A departmental enquiry was held and on March 15, 1964 he was dismissed from senice. He challenged the order of dismissal by means of a - ci"fil suit. In May 1958 the City Civil Court decreed the suit holding that the order of dismissal was illegal. He was reinstated with dfect from October 10, 1958. He was, however, suspended with immediate effect as a fresh enquiry was proposed to be held against him under Rule 55 of the Civil Services (Classification, COlltrol and Appeal) Rules. A fresh charge-sheet was served on him containing the same allegations as on the previous occasion. In December 1959 a notice was served on him by the Govern· mant calling upon him to show cause why punishment of removal should not be imposed on him. Along with the show cause notice the report of the Enquiry Officer containing his findings was sent to him. The &quiry Officer had also made certain recommendations regarding the punishment which in his opinion should be infilcted on the first respondent. No copy of these recommendations, however, was furnished to him. In March 1960 it was pl'Opoled that the first respondent be allocated to the State of Gujarat in view of the. bifurcation of the erstwhile State of Bombay. In September 1960 he was removed from service by an order passed by the State Government. The lint respondent then . filed a peiition under Art. 226 of the Constitution challenging the order of removal.
