( 1 ) THIS second appeal has been referred to us on account of conflict of decisions by this Court on the interpretation of the provisions of Article 311 (1) of the constitution of India. The order of reference reads as follows:

"in view of the importance of the question as also conflict of views expressed in Abid Mohommad Khan v. The State of Madhya Bharat (AIR 1956 Madh Bha 259); Ramchandra Gopalrao v. D. I. G. Police (AIR 1957 Madh Pra 126); Raghunath Singh v. State of Madhya bharat (AIR 1959 Madh Pra 43) and V B. Kharate v. State of M. P. (1959 MPLJ 534), the case shall be heard by a Full Bench. Accordingly, the case is referred to a Full Bench. "

( 2 ) BEFORE embarking upon the consideration of the points of law arising in the case we think it proper to give a brief resume of facts.

( 3 ) THE plaintiff-appellant Dinkarrao (to be referred to hereafter as appellant)was Sub-Inspector of Police in the service of the State of Madhya Pradesh. A criminal case under Sections 330 and 331, I. P. C. was instituted against the appellant, as a result of which he was convicted under Section 323, I. P. C. by the trial Court on 26-2-54 and sentenced to pay a fine of Rs. 200. Aggrieved