CHHANGANI, J.—This is a second appeal by the State against the appellate judgment and decree of the Senior Civil Judge, No. 1, Jodhpur decreeing the plaintiffs suit in the following terms—

(a) The plaintiff is granted a declaration that the orders of Departmental Authorities evidenced by Ex. 5 and 6 are illegal, and contrary to law.

(b) The amount which has been withheld from the pay of the appellant amounting to Rs. 367/98 paisa was illegally withheld. The plaintiff is granted a decree for that amount.

(c) The judgment passed in this case will not prevent the Government from charge sheeting the appellant again in respect of the occurrence of 4.10.1961.

(d) The appellant will have costs of the appeal from respondent No. 1.

2. The facts leading to this second appeal may be briefly stated as follows.

3. The plaintiff-respondent was appointed as a Sub-Inspector of Police on 14.12.1949 and was subsequently confirmed on 8.8.1952. In the month of October, 1951 he was stationed at Banner as a Sub-Inspector of the District Intelligence Branch (CID), Banner. In the discharge of his duties he arrested one Khanu Barber when the latter was seen coming from Pakistan with 11 thans of cloth. This Khanu

Click Here to Read the rest of this document