JUDGMENT :- This appeal by the State of Rajasthan and the Collector, Ajmer against the judgment and decree of the Senior Civil Judge, Ajmer dated 6th October, 1959, arises out of a suit instituted by respondent Ratanlal Sogani for a declaration that the order of termination of his service No. 1544 dated 11-5-1950 (Ex. A-10) is null and void and as such he should be deemed to be in service of the Court of Wards. Further a decree for arrears of salary amounting to Rs. 11323/- and Rs. 760/- spent by him in the defence of two criminal cases launched by the Court of Wards against him and a further sum of Rs. 2000/- as damages be passed in his favour.

The respondent alleged that he was a permanent employee of the department of the Court of Wards, Ajmer and was placed under suspension on 24th September, 1949 by the Additional Assistant Commissioner and Officer-in-Charge, Court of Wards, Ajmer on the pretext of facilitating thorough investigation into the complaints of misconduct against him and that on 8th April, 1950 sanction for the prosecution of the plaintiff for offences under Sections 420, 467 and 471 of the Indian Penal Code was also given by the same officer.

But without ho