( 1 ) A very short point calls for our decision in this appeal, viz. , whether dismissal of an employee can be made with retrospective effect; if not, what should be the compensation payable to such an employee.

( 2 ) ON 1-10-1943, the plaintiff appellant was appointed temporarily as a sub-overseer under the District Board of 24-Parganas. He was appointed substantively in the post, with effect from 21-3-1945. His scale of pay on substantive appointment was Rs. 50-5-150/ -.

( 3 ) IN May, 1947, the plaintiff appellant was transferred to Basirhat. His activities while posted at Basirhat have brought about the present situation.

( 4 ) ON 17-6-1947, Hriday Bhusan Chakravarty, President Bhojerhat Union Board, addressed a note to the Secretary of the District Board complaining that the bill of costs for earth work done on Tardah Road had been excessively inflated. The appellant prepared the bill, and the bill was payable to the contractor for the earth work, one A. K. Roy Choudhury. There was an, enquiry held in the matter, and on enquiry, the complaint made by the President of the Union Board was found to be substantially correct.

( 5 ) ON 1-9-1947, departmental proceed