( 1. ) THIS appeal is directed against the judgment and decree dated 2-12-1985 passed by the VIIIth Additional Judge to the District Judge, indore in Civil Appeal No. 53-A of 1985 whereby the judgment and decree passed by the VIIth Civil Judge, Class II, Indore dismissing the appellants suit (C. S. No, 38-A/84) for declaration that the order of his compulsory retirement passed by the superintendent of Police, Indore is void and is of no legal consequence, stand affirmed.

( 2. ) IT is not in dispute that on 17-10-1950 the appellant was appointed by the i. G. Police Of the erstwhile State of M. P. as Constable. In due course, by the order dated 29-6-1953 he was promoted as Head Constable.

( 3. ) ON the charge that they were responsible for two prisoners having escaped on 26-2-1981 from custody, the appellant along with two constables was subjected by the S. P. to a Departmental Enquiry in a common proceeding.

( 4. ) THE charge was held proved by the Inquiring Officer and ultimately by the order dated 26-9-1981 the S. P. , Indore imposed on the appellant the penalty of compulsory retirement. ( 5. ) THE appellant preferred departmental appeal before the D. I. G. but was unsucces