(1) RESPONDENT Mahendra Singh Chawla was appointed as an Overseer by the appellant Municipal Board, Pratabgarh (Board for short) as per its Resolution dated 15/10/1956. Respondent was prosecuted and convicted for an offence under S. 161 of the Indian Penal Code on the charge that he attempted to accept illegal gratification. During the pendency of trial respondent was suspended from service. It is not clear as to whether service of the respondent was terminated consequent upon his conviction for an offence involving moral turpitude. By Resolution of the appellant Board, Ex. 6 dated 28/08/1963, respondent was given fresh appointment from that day as an Overseer on a pay of Rs. 145.00 p.m. as basic pay plus D.A. at the rate of Rs. 40.00 p.m. and cycle allowance of Rs. 10.00 p.m. This Resolution appears to have been passed pursuant to an application made by the respondent and the last paragraph of the Resolution makes it clear that a fresh appointment was given. By another Resolution Ex. 7 of the same date the request of the respondent for salary and wages for the suspension period was rejected and it was made abundantly clear that a fresh appointment was given to the appellan