( 1. ) THIS appeal under section 100 of the Code of Civil Procedure has been preferred by the appellant-plaintiff against the judgment and decree dated 18-2-1969 passed by the Additional District Judge, Ambikapur, in civil Appeal No. 61-A of 1967.

( 2. ) BRIEF facts leading to the present appeal are that the appellant plaintiff, s. C. Rai, was Circle Organiser, Tribal Welfare Department, and posted at kusami, district Sarguja, in the year 1957. He was transferred to Balrampur by an order dated 25-6-1957 against which he made a representation which was rejected on 18-7-1957. He was asked to hand over charge by an order dated 31-8 1957, but he did not do so. A departmental enquiry was then instituted against him on certain charges and he was suspended by an order dated 24-9-1957 (Ex. P-8) with immediate effect. This order of suspension was passed by the Collector, Surguja. It was during the pendency of the suspension, the appellant-plaintiff handed over charge of his office on 6-11-1957. Then, the earlier order of suspension was modified and was given retrospective effect from 17-8-1957 vide order dated 6-1-1958 (Ex. P-14 ). Ultimately, in the enquiry, respondent No. 2 (Dire