Mahapatra, J.

1. The appellant brought a suit in the court of the first Additional Subordinate Judge Patna, on the 15th of February, 1954, for a declaration that his demotion from the rank of subedar-major to that of sergeant as ordered with effect from the 14th of November, 1950, was void and illegal and the order of his dismissal passed on the 7th of April, 1953, by the Deputy Inspector General of Police was likewise void and without jurisdiction. He also prayed for a decree for Rs. 3,118 on account of arrears of pay with interest at 6 per cent per annum, and in the alternative, for as decree for Rs. 3118 by way of damages with interest at 6 per cent per annum. His case was that he was appointed as a literate constable in the Bihar Police in 1933, and by his own merit and efficiency he was promoted in quick succession to the rank of assistant sub-inspector, sub-inspector, sergeant, subedar and subedar-major by 1948. He was twice nominated for the post of Wing Commander which is equivalent to the post of Deputy Superintendent of Police. While he was at Muzaffarpur in the Bihar Military Police as subedar-major, in November 1950 a Board of Enquiry was constituted to enquire