( 1 ) THIS appeal is by the plaintiff, whose suit was dismissed by the two courts below. It arises out of the decree dated 31-3-1956 passed by Shri D. M. Aney, Second Additional District Judge, Jabalpur, in Civil Appeal No. 6-A of 1956, arising out of the decree dated 1-11-1954 passed by Shri L. S. Khare, First Civil Judge Class II, Jabalpur, in Civil Suit No. 204-A of 1953.

( 2 ) THE appellant was a supervisor in the Military Dairy, Jabalpur. Upon a report from the security staff attached to the Military Sub-area, a Court of inquiry consisting of 3 persons was constituted in order to inquire into the malpractices, said to have been prevalent in the military dairy farm. The appellant held the post in the civilian section of the Defence Department. The court of inquiry submitted a report, in pursuance of which, a charge sheet, dated 2-41952 was framed against the appellant. One, Major Sarwansingh was directed by the order dated 30-10-1952 to hold an oral enquiry into the charges against the appellant. He submitted his final certificate about the conclusion of the inquiry on 6-111952. He, however, did not record any findings of his own, but submitted the papers of the