T. S. MISRA, J.

( 1 ) THIS appeal by the plaintiff arises in die following circumstances. The plaintiff was appointed in the Railway Security Force, which was later on converted into Railway Protection Force. He claim ed to be holding the post of bhisti in the Railway Security Force at the material time. Disciplinary proceedings were taken against him and he was served with a charge-sheet, which ultimately resulted into his dismissal from his service. He preferred an appeal against that order which was also rejected. Then he gave a notice dated 4th Dec. , 1968, through Sri Gopal Krishna srivastava, Advocate, to the General Manager, N. E. Rail-way, Gorakhpur. Thereafter he filed the suit which has given rise to this appeal.

( 2 ) IN the suit he claimed a decree for declaration that the order of "removal" from service dated 28/30th August, 1968, which Was served on him on 3rd Sept. , 1968, was illegal, void and ultra vires and against Arti cle 311 of the Constitution of India and that he should be deemed to be continuing in service with all wages and emoluments. He also claimed a decree for a sum of rupees 2,723. 57 p. towards his salary, the details of which were given in the plaint