C. B. BHARGAVA, J.

( 1 ) THIS appeal by the Union of India and cross-objections by the plaintiff are directed against the judgment and decree of the Senior Civil Judge, Ajmer dated 29th October, 1965, by which plaintiffs suit for recovery of arrears of salary amounting to Rs. 14895/- was decreed but the rest of his claim for declaration that his removal from service by the Loco Works Manager, Ajmer was illegal and inoperative and that he still continued in railway service was dismissed.

( 2 ) PLAINTIFF Ramgopal joined service in the B. B. and C. I. Railway on 10th July, 1940, as a temporary fitter to which post he was confirmed on 28th January, 1941. He was temporarily promoted as a tool issuer on 15th July, 1946, and was confirmed in that post by the Works Manager, Loco, on 23rd October, 1946. On 9th April, 1953, he was removed from service by the order of the Works Manager, loco on the charge of removing castor oil from the railway. The plaintiff challenged the order of his removal in civil suit No. 133 of 1956 and the first appellate court holding that the report of the inquiry committee was not supplied to him in spite of his demand set aside the order of his removal