JUDGMENT

JASWANT SINGH, J.:—This appeal by special leave is directed against the judgment and decree dated October 3, 1972, passed by a single Judge of the Mysore High Court whereby allowing the respondent s second appeal No. 729 of 1967, he set aside the appellate judgment and decree dated April 18, 1967 passed by Civil Judge, Belgaum, declaring the order dismissing the appellant from service as illegal and ultra vires.

2. Facts material for the purpose of this appeal are: The appellant herein was a Police Constable attached to Khade-bazar Police Station at 1081 Belgaum in 1960. In the small hours of the morning of November 17, 1960, the Cantonment Police intercepted a tonga transporting smuggled illicit liquor in four tubes from Devi Temple to the cantonment area with the intention of disposing of the same to bootleggers. After registering a case under Section 66 (b) of the Bombay Prohibition Act, the Cantonment P. S. I. proceeded against the tonga driver and another person who was found following the tonga in a criminal court of competent jurisdiction and succeeded in securing their conviction for the aforesaid offence. In November 18, 1960, the Cantonment P. S. I. submitted a co