Kanhaiya Singh, J.

1. The appeal and the miscellaneous judicial case arise out of the same matter and will be disposed of in one judgment. The appeal is by the plaintiff and arises out of a suit brought by him against the State Government for a declaration that the order of the latter removing him from the State Medical Service and permanently debarring him from re-appointment in service is illegal, ultra vires, void and wrongful and that he should be deemed to be continuing in service of the defendant as Civil Assistant Surgeon.

2. The facts giving rise to the appeal and the petition are these: The plaintiff is a Medical Graduate (M. B. B. S.) of the Patna University and was appointed as a Civil Assistant Surgeon under the Government of Bihar on 17-9-1947 on a permanent basis. Ho was posted at Jehanabad as Civil Assistant Surgeon and was put in charge of the sub-divisional hospital.

While he was at Jehanabad an incident took place. On the morning of 10-4-1951 chaukidar Amawas Ahir of village Mainpur, police station Arwal, in the district of Gaya, received an information that a man was lying dead in a mango orchard in village Belaon with several injuries on his person. The