( 1 ) THIS is a first appeal by the original plaintiffs J. J. Mody who was appointed as Regional Publicity Officer on 8-11-1949. He was dismissed from service on 6-12-1950 after having been suspended from service earlier and a departmental inquiry was held into the allegations that he had made some defamatory aspersions against some Ministers of the Government of the Bombay State. This order of dismissal was however set aside in Civil Suit No. 10 of 1952 filed by the appellant. After the decision of that suit, the Government passed an order on 26-5-54 continuing his suspension from 6-12-1950 and gave a second notice to the appellant to show cause why he should not be removed from service. On 29th, the Government passed an order dismissing the appellant from service. The present suit was thereupon filed by the appellant on 30 for a declaration that he is not guilty of any misconduct that the second order of suspension dated 26-5-1954 and the second order of dismissal dated 20th December 1954 are illegal void ultra-vires and inoperative that he still continues in service in the post which he held prior to his first suspension order dated 9th March 1960 and that he is en