Judgement

Appeal (No. 105 of 1945), by special leave, from an order of the Federal Court of India (Spens C.J. and Zafrulla Khan J., Varadachariar J. dissenting) (May 4, 1945), which varied a decree of the High Court at Lahore (March 27, 1944).

The respondent, I. M. Lall, was a member of the Indian Civil Service. On August 10, 1940, the appellant (then the Secretary of State for India) made an order removing him from his office. On June 20, 1942 the respondent brought a suit against the appellant claiming a declaration that the appellants order was illegal and that the respondent was still a member of the Indian Civil Service. The High Court at Lahore granted the declaration. On appeal by the appellant to the Federal Court that court, by a majority, substituted for the declaration made by the High Court a declaration that the respondent had been wrongfully dismissed by the appellant, and remitted the suit to the High Court to take such action in regard to any application by the respondent for leave to amend to claim damages and to the assessment of such damages as to the High Court should seem right.

The facts and the relevant statutory provisions appear from the judgment of the Jud