Nainar Sundaram, J.

1. This Letters Patent Appeal is directed against the judgment and decree of Shanmukham J., in Appeal No. 23 of 1979. That Appeal, in its turn, was directed against the judgment and decree in O.S. No. 619 of 1970, on the file or the Second Assistant Judge, City Civil Court, Madras. The Original respondent in this Letters Patent Appeal died and his legal representatives have been brought on record. The Original respondent was the plaintiff in the suit. The appellant herein was the defendant in the suit. We propose to refer to the parties as per their array in the suit. The plaintiff wanted a declaration that the order of dismissal passed against him from the service of the defendant on 5.6.1967 is void and of no effect and for consequential direction that the plaintiff should be paid a sum of Rs. 10,000 as damages. In view of the limited scope of the points that have come up for consideration in this Letters Patent Appeal, we do not propose to traverse upon the entire gamut of facts of the case. On the pleadings of the parties, the first Court framed the following issues:

(1) Whether the charge memo was issued on the report of the Deputy Inspector of School