Judgement

Appeal (No. 38 of 1945), by special leave, from a judgment and decree of the Federal Court of India (December 4, 1941) reversing a decree of the Court of the Judicial Commissioner, North-West Frontier Province, Peshawar (September 19, 1940) which in turn had affirmed a decree of the Senior Subordinate Judge, Peshawar (March 8, 1940).

The following facts and statutory provisions are taken from the judgment of the Judicial Committee. On March 1, 1928, the respondent was appointed as a Sub-Inspector of Police by the Inspector-General of Police, North-West Frontier Province. On April, 25, 1938, the respondent was dismissed by the Deputy Inspector-General of Police, on a charge of copying during a departmental examination. He was there fore dismissed by an authority subordinate in rank to the officer who had appointed him. After unsuccessful appeals to the Inspector-General of Police and the Provincial Government, the respondent instituted the present suit on June 17, . 1939, in which he claimed a declaration that the order of dismissal was illegal, null and void, invalid and inoperative and that he still retained his office as Sub-Inspector of Police. He further claimed arrea