JUDGMENT :- This is a plaintiff's second appeal in a suit for declaration that the order of his dismissal passed by the Deputy Inspector General of Police, Western Range, was ultra vires, illegal and without jurisdiction and he continued to be in police service of Uttar Pradesh. The suit was dismissed by the trial Court and the lower appellate court confirmed on appeal the decree of the trial Court.

2. The two main questions which arise for decision in this appeal are; (1) whether the suit of the plaintiff was barred by the principles of constructive res judicata, his writ petition under Article 226 of the Constitution for similar relief having been dismissed by the High Court and (2) whether the Deputy Inspector General of Police was competent to dismiss the plaintiff from service of the Police Force of Uttar Pradesh, he being an officer below the rank of the Inspector General by whom the plaintiff was appointed as Sub Inspector of Police. Some other questions did arise in the courts below on the pleadings of the parties but I am not concerned in this appeal with those questions. The suit of the plaintiff was dismissed mainly on the finding that the Deputy Inspector General of Poli

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