( 1 ) THIS is an appeal by the former State of Bombay against the judgment and decree passed by the learned Joint Civil Judge Senior Division Ahmedabad declaring an order of dismissal passed against the plaintiff to be illegal ultra vires and void and that the plaintiff continues to be in the service of the State.

( 2 ) THE plaintiff joined the Excise Department of the former Bombay State as a Sub-Inspector in 1926. At the relevant time in December 1948 the plaintiff was an Assistant Inspector of Excise Eastern Division Ahmedabad. The allegation of the State against the plaintiff was that one Chhotu Raiji had given information to the elect that Police Patel Narsibhai Ranchhodbhai of Maroli village and another Police Patel Fakirbhai Khushalbhai of village Vasai both villages being within the plaintiffs charge were dealing in illicit liquor to one Excise Sub-Inspector Mr. P. Y. Pradhan who was working out the case. In the meanwhile this information was passed on to the plaintiff by an Excise Constable. The plaintiff arranged to trap these two Police Patels and their associates one Dahya Luhar and one Dafer Puna Taiyab who is a camel-man. The raid was carried out acco