Bardswell, J.

1. The appellant is the Secretary of State. The respondent was the karnam of a village in the Kistna District. He was dismissed on 4th October, 1921, by the Revenue Divisional Officer of Ellore for having got appointed as talayari, a young boy, whom he made use of as his own servant. On appeal the District Collector, on 2nd December, 1921, modified his punishment to one of suspension for a year. He then, very ill-advisedly, presented a second appeal to the Board of Revenue. He had, in fact, no right of appeal as under the proviso to Section 23(1) of Madras Act III of 1895 there can be a second appeal to the Board, on a matter of punishment, only in the case of a dismissal of a Village Officer. None the less the appeal was entertained by the Board which, apparently without hearing the present respondent, set aside the Collectors order of suspension and restored the original order of dismissal. The respondent then filed O.S. No. 699 of 1922 in the Court of the District Munsif of Kovvur praying for a declaration that the order of the Board of Revenue was invalid and ultra vires. The District Munsif, granted a decree as prayed for, but on appeal the Principal Subor