K.L. Shrivastava, J.

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 appellant's 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 fur 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 DIG. but was unsuccessful. He