JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against the judgment of the Allahabad High Court upholding the judgment and findings of the District Judge and the Sub-judge decreeing the plaintiffs suit for wrongful dismissal. In the view we take it is not necessary to narrate the detailed facts which are contained in the judgments of the Courts below. All the Courts have concurrently found as a fact that the respondent No. 1 was not given any opportunity of showing cause against the action proposed to be taken against him viz. dismissal from service. This is a finding of fact and we cannot interfere with the same in special leave. Mr. Agarwala has, however, raised two points before us. In the first place, he submits that Art. 311 of the Constitution does not apply to the Respondent No. 1 and, therefore, it was not necessary for the Chairman to give detailed opportunity to the appellant to prove his defence. The Courts below have however found that although the chargesheet was submitted against the respondent no. 1 and he had denied the same, yet no evidence was led by the department to prove the charges against him, nor was respondent No. 1 allowed to cross-exami