D.Falshaw, J.

1. This second appeal which has been referred by a Single Judge to a larger Bench has arisen in the following circumstances :

Gurumukh Singh Appellant was appointed as an Assistant Sub-Inspectof in the Punjab Police in Multan district on the 24th of July 1945. His appointment was made by the Deputy Inspector General of Police, Multan Range. He was placed on two years probation as from the 1st of April 1946. After independence in 1947 he was absorbed into the Police Force of Delhi State in which he was appointed as Assistant Sub-Inspector by the then Deputy Inspector General on the 22nd of September 1947. He was confirmed in this rank by the Inspector General of Police on the 29th of November 1948 as from the 1st of April 1948.

2. It seems that an allegation of corruption was made against him in 1949 and alter an inquiry had been held against him by an officer named Diwan Chand Bhatia with the rank of Deputy Superintendent of Police he was dismissed from service by the Senior Superintendent of Police, Delhi, on the 11th of May 1950. His appeal was dismissed by the Inspector General of Police.

3. He instituted the suit from which this appeal has arisen on April