Sharma, J.—The appellant Ramanand was Assistant Station Master of Neem-ka-Thana Station in the years 1943 and 1944. He was dismissed from service on 12th May, 1944, on the ground that he had despatched 75 bags of chillies without booking them. He addressed a notice dated 3rd January, 1950, to the Dominion of India through the General Manager, B. B. & G. I, Railway stating that he had been wrongfully dismissed on account of the prejudice of the then Traffic Superintendent, though it was wrong that 75 bags of chillies had been despatched by him without any booking. He said in that notice that he had no other remedy to get himself re-employed except by knocking at the door of the court of law, and said in the end that if within two months he would not be reinstated, he would take legal action against the Railway, and it would be responsible for his expenses and losses incurred thereby. This notice was followed by the suit out of which this appeal arises, and which was filed on the 11th of May, 1950, against the Union of India through the General Manager, B. B. & C. I. Railway. It was alleged that a wrong charge was laid at the door of the plain iff that he had sent 75 bags of chillies

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