( 1 ) THE present appeal is directed against the judgment and decree darted 9-9-1992 passed by the First Additional District Judge, Ghazipur in civil Appeal No. 83 of 1991. This Civil Appeal was filed by the present respondents sri Ram Sahan Rai against the judgment and decree dated 15. 3. 1991 passed by the 6th Additional Munsif Magistrate, Ghazipur in suit No. 580 of 1987.

( 2 ) THE suit was filed by Ram Sahan Rai for a declaration that the order of his removal from service dated 15-4-1987, which was served on him on 16-4-1987, was illegal, arbitrary and without jurisdiction. He had prayed for a declaration that he was continuing in service and for a direction that the defendant or his agent or servant may recognise the plaintiffs status and as such afford him the consequential benefits,

( 3 ) IN terms of the plaint, defendant No- 2 was the District Co-operative Bank represented by the Sachiv Samanya Prabandhak (Secretary / General Manager ). The plaintiff was initially appoimed as a clerk under defendant No. 2 and was posted on 11. 5. 1972 in the Accounts Section of the Bank. The plaint indicates that he worked as clerk in the Bank and had been on leave on medi