SAPRU, J.:- These are two cross-appeals and arise out of the same judgment. Second Appeal No.751 of 1949 was filed by the Governor-General of India in Council (now Union of India) through the Oudh and Tirhut Railway. Second Appeal No.2029 was filed by the plaintiff, Mohammad Matin Qidwai. It is proposed to dispose of the two appeals by a common judgment.

2. The suit out of which these appeals arise was brought by the plaintiff for a declaration that the order of his removal from service dated 20-12-1944 was void, illegal and ineffective and he is, therefore, entitled to be regarded as continuing in his post. Also included in the reliefs claimed, was a prayer for a sum of Rs.1,024-12-0 as arrears of pay and allowance from the date of his removal till the date of the suit. The defendant contested the suit on the grounds that the plaintiff was never appointed by the General Manager, Oudh and Tirhut Railway, that the Chief Engineer was authorised to remove the plaintiff, that the order of removal was justified, that the plaintiff had no cause of action for the suit, that the suit was time-barred and that he was not entitled to get the salary and allowances for the period during