A.P. Misra, J.

1. THE present first appeal arises out of a judgment and decree dated 24-7-1976 passed by the Civil Judge, Azamgarh by which the suit of the plaintiff-respondent for declaration and injunction was decreed.

2. THE plaintiff-respondent filed a suit for declaration that his order of suspension dated November 16, 1968 suspending him from service as Godown Keeper in the State Bank of India, Azamgarh is illegal. He claimed the relief of an injunction directing the appellant-defendant not to interfere in his discharge of the duty as a Godown Keeper. He also claimed the relief of recovery of Rs. 36,396.16 as arrear of his salary. He also claimed his salary till he is reinstated. The brief facts of the case, as per plaintiff, are that Sri Kedar Nath Yadav, plaintiff, was appointed as a Godown Keeper on 26-12-67 and was confirmed on 27-9-68. According to him, during this period his work was entirely satisfactory to the department. But as he was implicated in an Excise Case falsely on account of enmity, he was suspended on 16-11-68. Subsequently, he was acquitted in Criminal Case under the Excise Act on 30-4-75. Thereafter, the plaintiff intimated the Bank about his acqu