Mahapatra, J.

1. This is a plaintiffs appeal. He brought a suit in the Court of the Subordinate Judge, 1st Court, Patna, on the 10th of January 1951, against the State of Bihar and Mr. L.P. Singh, Chief Secretary to the Government of Bihar. He entered into Government service as a Deputy Collector and Deputy Magistrate in 1922, his date of birth being the 1st of December, 1898, and accordingly, he was due to retire on attainment of the age of superannuation (55 years) on the 1st of December 1953. On the 29th of May, 1945, the State Government framed certain charges against him and placed him under suspension and departmental proceedings and an enquiry by Mr. Lee, Member, Board of Revenue, ended by the orders passed by the State Government on the 16th of October, 1947, debarring him from any future promotions and entering in his character roll a censure for three proved charges; besides, the period of his suspension from the 29th May 1945 to the 14th September 1947, was ordered to be substantive punishment and that period was directed to be not treated as on duty or on leave. Subsequent to that, following the decision taken by the Council of Ministers on the 24th of December,