1. This second appeal arises out of a suit filed by the plaintiff-appellant for a declaration that the order dated 8-1-1964 passed by defendant No. 2 dismissing the plaintiff from service with effect from 15-1-1964 is illegal, void and without jurisdiction. Another prayer that has been made is that the order dated 3-2-1964 passed by defendant No. 1 dismissing the departmental appeal was also illegal and without jurisdiction.

2. Admittedly the plaintiff was an employee of N.F. Railway and was posted at Katihar. A departmental enquiry was initiated against him by an order dated 25th September, 1962. The allegation was that by introducing himself as a clerk of Katihar district office the plaintiff got encashed some bogus substitute salary bills. On that account, it was said that the plaintiff had defrauded the railway administration. A departmental enquiry was conducted in which the plaintiff was found guilty. A second show cause notice was, therefore, given to him to explain as to why he should not be dismissed from service. The plaintiff-appellant submitted his explanation but the same was not accepted and the plaintiff was dismissed by order dated 8-1-1964 passed by defenda