JUDGMENT

Varadachariar, J. - This is an appeal by a plaintiff whose suit against the North-West Frontier Province Government has been dismissed by the Courts below on a preliminary finding that the suit was not maintainable. The only point for determination by this Court is whether this finding is consistent with the true interpretation and effect of Ss. 240 and 243, Constitution Act. The facts relevant at this stage may be briefly stated. The petitioner was appointed a Sub-Inspector in the police force of the North-West Frontier Province in March 1928, and in April 1938, he was dismissed on certain charges by the Deputy Inspector-General of Police of that Province. His appeals to the Inspector-General of Police and to the Provincial Government failed and he instituted this suit praying for a declaration that the order of dismissal was illegal and void and that he ought still to be regarded as continuing in office. He also claimed arrears of pay and, in the alternative, damages for wrongful dismissal. The plaint impugned the validity of the order of dismissal on various grounds; but, in the view we take of the case, it is unnecessary to refer to all of them. It is sufficient to stat