K.L.Gosain, J.

1. This is a second appeal by the Cantonment Board, Ferozepore, against the appellate decree of Shri Anand Dev Kaushal, Additional District Judge, Ferozepore, dated the 31st May 1960, confirming that of the learned trial Judge, dated the 31st December, 1959 passing a decree for a declaration to the effect that the order of the Executive Officer, Cantonment Board, Ferozepore, dated the 29th September, 1955, dismissing Bajrang Singh plaintiff from the post of Pump Driver under the Cantonment Board, Ferozepore, was void and ultra vires and that the plaintiff continues to be in service of the said Board.

Bajrang Singh plaintiff was employed by the Cantonment Board Ferozepore as a Pump Driver. On the 28th June 1955 he was charge-sheeted for certain mal-practices and an enquiry was held into the said charges. On receipt of the enquiry report, requisite notice to show cause why he should not be dismissed from service was given to the plaintiff and he was later dismissed from service on the 29th September 1955 under the orders of the Executive Officer of the Cantonment Board, He filed an appeal to the Board which was dismissed on the 9th December 1955.

He then filed