ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment and order dated March 22, 1994 made by the Division Bench of the Delhi High Court in RFA (OS) No. 27/94. The admitted facts are that the respondent came to be appointed on March 7, 1956 as Section Officer in the Central Public Works Department. Thereafter, the Executive Engineer discovered on October 6, 1956 that he had the appointment on producing false certificates. Consequently, a report was laid under Sections 420, 468 and 127, Indian Penal Code and he was kept under suspension. Independent thereof, exercising the power under Rule 5 of the Central Government Services. (Temporary) Service Rules 1949, his services were terminated by order dated September 10, 1957. The respondent after his acquittal by the criminal court laid the suit in forma pauperis on August 13, 1965 seeking declaration that the termination of his service was wrong, unconstitutional, that he should be deemed to have continued in service and that he was entitled to Rs. 84,000/- by way of salary and damages by way of expenses incurred by him to defend the criminal cases etc. The trial Judge (