Judgment

S. R. DAS J. : This is an appeal in a suit for a declaration that the order of the plaintiff s removal from service passed by the Chief Administrative Officer of the East Punjab Railway, Delhi, on the 30th June 1949 and communicated to him on the 4th July 1949 was wrong, illegal, ultra vires; and void in law and that he was still an employee of the Railway and entitled to work as such. The trial Court passed a decree in favour of the plaintiff. On appeal, the East Punjab High Court reversed the decision and dismissed the plaintiff s suit. The present appeal has been filed in this Court with a certificate granted by the East Punjab High Court under Article 133 of the Constitution.

2. The plaintiff joined the Railway service in 1918. In March 1945 he was selected as Railway Sectional Officer of the Delhi Special Police Establishment. In June 1948 the Inspector-General of Special Police Establishment decided to revert the plaintiff to the East Punjab Railway service. The plaintiff accordingly assumed charge in the office of the Divisional Superintendent, East Punjab Railway, at Ferozepore Cantonment on the 30th June 1948 but was immediately thereafter put under suspension and