JUDGMENT : The plaintiff, who was a Sub-Divisional Officer and employed as a civilian in Defence service, filed this suit inter alia for declarations that "the order of dismissal dated 12-10-1951 is illegal and void" and that "the plaintiff continues in the service" of the Union and for arrears of salary on that basis.

2. The sole ground on which the plaintiff based his claim was the right which according to the plaintiff he had under Army Instructions in India No. 212/49 dated 25-6-1949. These instructions contain detailed procedure for departmental enquiry in connection with orders of dismissal or removal of a civilian government servant employed in defence services. These instructions inter alia provide for giving an opportunity to all employees for hearing and cross-examining the evidence in support of any charge and also for submitting written-statement and evidence in defence and for a due and complete hearing. The plaintiffs contention in the plaint is that these rules of procedure in departmental enquiry were not observed in his case and therefore his dismissal is wrongful.

3. The short facts leading to this suit are as follows: On 15-8-1933 the plaintiff was initial