Judgment

SHAH, J.-Jai Chand Sawhney-hereinafter ealled the plaintiff -was removed from service under the East Punjab Railway by order, dated October 13, 1949. He sued the Union of India in the Court of the Subordinate Judge, Hissar for setting aside the order of removal on the grounds : (i) that the order was made by an authority subordinate to the appointing authority ; and (ii) that he was not given an opportunity to show cause against the action proposed to be taken in regard to him as required by Section 240 of the Government of India Act, 1935. The plaintiff also claimed a decree for Rs. 20,309/9/- being the amount of arrears of salary and damages for wrongful termination of employment. The Trial Court declared that the dismissal was "illegal and void", and decreed the claim for Rs. 9,735 35 for arrears of salary.

2. Against the decree passed by the Trial Court the plaintiff and the Union of India appealed to the High Court of Punjab. The plaintiff s appeal was dismissed, and in the Union s appeal the decree passed by the Trial Court was modified. The plaintiff was awarded arrears of salary for three years prior to the date of the suit. With special leave, the plaintiff has app