T.P. Naik, J.

The suit of the Plaintiff-Respondent for a declaration that the order of his retirement dated 3-5-1961 passed by Shri I. J. Johar, who held the current charge of the duties of the Inspector-General of Police on that date, was illegal and inoperative and for the arrears of his salary for period 11-8-1961 to 31-12-1962 has been decreed by the two Courts below. The Defendants, the State of Madhya Pradesh and the Inspector-General of Police, Madhya Pradesh, have, therefore, come up in second appeal.

The Plaintiff-Respondent Gokul Prasad Dubey was, on 1-1-1933, appointed as a Sub-Inspector of Police in the Madhya Pradesh State Police Service on probation for two years. He was confirmed in the said post in 1936. Later on, on 10-1-1947, he was promoted as Police Prosecutor by the Inspector-General of Police and was confirmed in the said post in 1949. From 2-3-1959 he was holding the charge of the permanent post of a Police Prosecutor at Betul.

On 21-3-1961 there was a house-breaking and theft at his house at Betul. As the investigation was not to his satisfaction, on 23-3-1961 he moved the Deputy Inspector-General of Police, Jabalpur, vide Ex. P-2, for deputing an Inspe