Judgment

MAHAJAN, C.J.I. : This is an appeal by the State of Bihar against the judgment of the High Court of Judicature at Patna whereby the High Court passed a decree for arrears of salary of the respondent against the State from 30-7-1940 up to the date of the institution of the suit.

2. The undisputed facts of the case are: That the respondent was appointed a Sub-Inspector of Police by the Inspector-General of Police, Bihar and Orissa, in January 1920. In the year 1937 departmental proceedings were taken against him and he was found guilty of cowardice and of not preparing search lists and was punished by demotion for ten years. On appeal, the Deputy Inspector-General of Police held that the respondent was guilty of cowardice but acquitted him of the other charge. By an order dated 23-7-1940 which was communicated to the respondent on 29-7-1940 the D.I.G. of Police having found him guilty of cowardice made an order dismissing him from service. Further appeals by the respondent to the Inspector-General of Police and to the Governor of Bihar were unsuccessful.

3. Aggrieved by the departmental action taken against him, the respondent filed the suit out of which this appeal arises in t