Judgment

PATHAK, J :- This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 19, 1968 dismissing a second appeal arising out of a suit for declaration.

2. The respondent was appointed as a Sub-Inspector of Police in a temporary post in 1955. He was discharged from service on July 13, 1957. A writ petition filed by him in the allahabad High Court was allowed on August 4, 1959, and accordingly on December 15, 1959 he was reinstated in service. Thereafter, on January 21, 1960 his services were terminated by the Deputy Inspector General of Police, Agra Range, Agra.

3. On March 13, 1963 the respondent instituted a suit for a declaration that the order dated January 21, 1960 was illegal and void and that he continued as Sub-Inspector of Police in the Uttar Pradesh Police Service. It was alleged that on a false complaint made against him in respect of the custody and detention of one smt. Phoolmati, an enquiry had been made in consequence of which the appellant (sic) had been arbitrarily and illegally discharged from service on July 13, 1957. It was pleaded that although he was reinstated on the success of his writ petition in the Hig