( 1 ) THIS Second Appeal has been filed by the Union of India against the decision of the III Additional District Judge, Kanpur, allowing the appeal of the plaintiff-respondent and decreeing his suit for a declaration that his dismissal from service effective from 21-7-1969 passed by the General Manager of Government Harness Factory was illegal and ultra vires.

( 2 ) THE plaintiff joined the service on 4-1-1966 where his father was also employed. On account of some enmity the plaintiff was placed under suspension with effect from 21-1-1969 and was charge-sheeted on 22-1-1959 Reply to the charge-sheet was submitted by him on 3-2-1969 and after investigation of the charges a show cause notice dt. 29-4-1969 was issued by the General Manager to the plaintiff proposing penalty of dismissal from service and calling upon the plaintiff to show cause against it. After the plaintiff made a representation against the show cause notice on 12-5-1969, it was considered by the authorities and finally a dismissal order dt. 21-7-1969 was passed against him by the General Manager dismissing him forthwith

( 3 ) A number of pleas were taken in defence and the one with which we are conc