JUDGMENT - Chagla, C.J.

1. This appeal arises out of a suit filed by the plaintiff for a declaration that an order passed by the state of Bombay, which was the defendant, on 24-6-1949, reducing the plaintiff from the rank of an Inspector in the Rationing Department to a clerk, was illegal and void, that he still continues to hold the office of an Inspector, and also for a decree for a certain amount for arrears of salary.

The suit was heard by Mr. Hathi, the learned Judge, City Civil Court, and he gave the declaration to the plaintiff which he sought and also passed a decree in his favour for arrears of salary. The State of Bombay has now come in appeal, and the first question that we have to consider is whether the order of 24-6-1949, which is challenged was a legal and valid order.

2. On 18-1-1949, the plaintiff, who was then an Inspector in the Rationing Office, was served with a notice by the Controller of Rationing, Bombay, and in this notice it was stated that on 20-11-1948, the plaintiff called at the A Ward Rationing Office and requested the Rationing Inspector, one Rajmane, to effect suitable alterations in the statement of one P.D. Fernandes in connection with the absentee

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