( 1 ) THIS is an appeal by the plaintiff and is directed against the judgment and decree of Sri J. P. Mukherjee, learned Subordinate Judge 6th Court, Alipur, Dt. 24 Parganas, dated 3-2-1948.

( 2 ) THE suit out of which this appeal has arisen, was instituted on 18-12-1945 against the respondent, the Province of Bengal. The material allegations in the plaint were that the plaintiff was appointed a Rationing Officer by the Province of Bengal on a salary of Rs. 400/-per month, that his appointment was duly notified in the Calcutta Gazette by an order of the Governor, that by a letter dated 22-1-1944 the Deputy Controller of Rationing notified to him, his appointment as Rationing Officer, that he was posted at Panihati and acted as such till 5-6-1944, when he was transferred to Garulia, that on 9-7-1944, he received a copy of an order dated 6-7-1944, passed by the Controller of Rationing, to the effect that he was discharged from service. The plaintiff submitted that the order of discharge was illegal, arbitrary and 'mala fide', that the plaintiff was not informed about the charges laid against him, that no inquiry was made and no formal proceedings were drawn up as required b