JAGDISH SAHAI, J. :- This special appeal is directed against the judgement of Oak, J. (as he then was) dated 9-10-1961, allowing writ petition No. 3164 of 1958 filed by the respondent, Sri Sharif Ahmad Nagrami (hereinafter referred to as Nagrami).

2. Nagrami was in the service of the New India Insurance Company Limited, Bombay, as an Inspector. After the enforcement of the Life Insurance Corporation Act, 1956, the business of the aforesaid company was taken over by the Lift Insurance Corporation of India (hereinafter referred to as the Corporation). The petitioner thereafter came in the employment of the Corporation. He was prosecuted before a Magistrate 1st Class for offences punishable under Section 406, I.P.C. The Magistrate convicted him under Section 406, I.P.C. and sentenced him to pay a fine of Rs. 500 in default to suffer imprisonment for one year. On 26-2-1957 the Divisional Manager dismissed Nagrami from service. On 5-3-1957 Nagrami informed the Corporation of his acquittal and on 21-3-1957 he made an application for the withdrawal of the dismissal order. On 2-8-1957 the Branch Manager informed Nagrami that the order of dismissal could not be withdrawn. On 14-10-1