H.R.Khanna, J.

1. This Regular First Appeal filed by the defendant Punjab State is directed against the judgment and decree of learned Subordinate Judge 1st Class, Gurgaon, granting a decree for declaration in favour of Diwan Chuni Lal, plaintiff respondent, that the order of his dismissal from service as a permanent Sub-Inspector is ultra vires, illegal and inoperative and that he continues to be a member of the Punjab Police Service as a permanent Sub-Inspector. The parties were left to bear their own costs. Cross-objections have also been filed by the plaintiff-respondent praying that he should be allowed costs of the trial Court.

2. The plaintiff was appointed Assistant Sub-Inspetor of Police on 1-4-1930. He was promoted as Sub-Inspector on 1-4-1937 and was confirmed as Sub-Inspector on 1-7-1938. The plaintiff was permitted to cross efficiency bar with effect from 15-12-1944. After partition of the country, the plaintiff was posted in Gurgaon District, Nearabout November, 1948, when the plaintiff was working as Station House Officer, Rewari Police Station, allegations were made against him that he had accepted a bribe of R. 1,000/- from a person found in possession of i