K. B. Asthana, J. - (1.) This is an appeal by the Collector, Central Excise, Allahabad, against the judgment and order of a learned Single Judge passed in a writ petition under Article 226 of the Constitution quashing the order of removal of Sri V. D. Misra, respondent No. (1), from service of the department dated 23-4-1959 passed by the appellant.
(2.) The respondent Sri V. D. Misra was employed as an Inspector in the Central Excise in the Allahabad Collect orate. There were certain complaints against the respondent. An enquiry was held against the respondent on certain charges framed against him. The enquiry officer submitted a report against the respondent. The Collector then issued a notice to the respondent to show cause why he should not be removed from service. The respondent submitted his explanation to the Collector in answer to the said notice. The Collector was not satisfied with the explanation with the result that on 23-4-1959 an order was passed by him removing the respondent from service. Against the order of the Collector the respondent went up in appeal before the Central Board of Revenue as provided for by the rules. The appellate authority took further evidence as required by the respondent and eventually after hearing the respondent dismissed the appeal by its order dated 19th January 1961 and con-firmed the order of removal dated 23-4-1959.
(3.) In his petition under Article 226 of the Constitution Sri Misra prayed for a writ in the nature of certiorari or like writ or direction to quash the order dated 23-4-1959 passed by the Col-lector, Central Excise, Allahabad and the appellate order dated 19th January 1961 passed by the Central Board of Revenue and further prayed that a writ in the nature of mandamus be issued commanding the opposite parties not to interfere with the petitioners right to continue in the service of the Central Excise. The Collector of Central Excise, Allahabad, and the Secretary, Central Board of Revenue, New Delhi, were impleaded as opposite parties to the writ petition.;