Shorn of details that are no longer relevant the facts of this case are as follows: The respondent was appointed Sub-Inspector of Police by the Deputy Inspector-General of Police, Punjab, on 2nd January 1911. On 19th March, 1938, the Superintendent of Police, Amritsar, an officer subordinate to the Deputy Inspector-General of Police, recorded an order purporting to dismiss the respondent from service. After exhausting his remedies by way of departmental appeal the respondent instituted a suit on 14th April 1942, against the Punjab Province claiming a declaration that the order of the Superintendent of Police of 19th March, 1938, was void and of no effect inasmuch as it was made by an officer subordinate to the authority by which the respondent had been appointed and thus contravened the direction laid down in section 240(2) of the Constitution Act. He also claimed arrears of pay from 20th March, 1938, till 2nd January, 1941, the date on which he was normally due to retire from service. The trial Court gave the respondent the declaration prayed for but dismissed his claim for arrears of pay as not maintainable. On appeal, a Division Bench of the Lahore High Court r