NARASIMHAM, C. J.

( 1 ) THIS is an appeal by the defendant (State of Orissa) against the judgment of the Additional Subordinate Judge of Cuttack, decreeing the plaintiff-respondent's suit for damages for wrongful discharge from Government service and for other reliefs.

( 2 ) THE respondent was appointed as sub-deputy Collector by the Government of orissa on 11-12-39 (Ext. 2 ). After serving in various posts, he was promoted as deputy Collector on 3-2-1946, posted to Koraput as Sub Divisional Officer and special Assistant Agent on 4-5-58 and transferred to Sundargarh as Sadar Sub-divisional Officer on 18-10-48 and confirmed as Deputy Collector with effect from 1-1-1949.

( 3 ) A case under S, 406 I. P. C. was pending in his file against one Batakrushna sahu from March 1949 and in connection with that case it was alleged that the respondent, through his Bench Clerk, demanded a bribe from one Gopal Sahu, uncle of Batakrushna Sahu. As respondent's reputation for honesty was not good, the then Additional Magistrate of Sundargarh decided to lay a trap against the respondent with the assistance of Gopal Sahu who was given two marked one hundred rupee notes to be delivered to the respond