A.N. GROVER, J.

(1) THIS is an appeal by special leave from ajudgment of the Allahabad High court. The facts may be stated. The respondent was appointed as a cash clerk in the appellants branch at Birhana Road, Kanpur, on 1/04/1949. In July, 1955, he was working in the Cash Department as a Receipter and Receiving Clerk. On 2/07/1955, it was detected that there was a shortage of Rs. 1,000.00 in the cash. According to the respondent this shortage had occurred in the cash of one B. N. Shukia who was the Assistant Cashier. However, B. N. Shukia created a suspicion against the respondent. The appellant instituted an inquiry. The Inquiry Officer was the Agent of the Bank at its Lucknow branch. He found that the respondent was guilty of the charges which had been preferred against him in respect of the disappearance of Rs. 1,000.00. On 1/10/1956, the services of the respondent were terminated. He instituted a suit in September, 1957, alleging that the inquiry held against him was illegal for various reasons. He claimed a declaration that his dismissal was null and void and that he was still in the service of the Bank. He further laid claim to the recovery of Rs. 1,650.00 being the