The Chief Justice.-The appellant is the Governor-General in Council. The appeal arises out of a suit filed by the respondent in the Court of the Subordinate Judge of Kumbakonam. He was the chief signaller in the Head Post Office at Kumbakonam. By an order dated the 4th April, 1941, which was confirmed on appeal by the Postmaster-General, Madras, the respondent was dismissed from Government service. He filed the suit for a declaration that the order of dismissal was “illegal, void and inoperative” and for other reliefs. The Subordinate Judge granted the declaration asked for, but refused further relief. The appellant says that the Subordinate Judge erred in granting the respondent a declaration and in rejecting a plea advanced by the plaintiff that the suit was not maintainable because the provisions of section 80 of the Civil Procedure Code had not been complied with.

In or about the month of October, 1939, the respondent was suspected of having misappropriated monies which had come into his hands in the course of his employment, and consequently was suspended by the Superintendent of Post Offices, Tanjore division, who reported the matter to the police. The result was that the poli

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