A.N. GROVER, J.

(1) THIS is an appeal by certificate from a judgment of the Patna High court. The respondent was holding the substantive post of a Sergeant in the police force till 31/07/1946, in the State of Bihar. On 1/08/1946, he was promoted to officiate in the higher post of Subedar. On 9/01/1948, while he was still holding the substantive post of a Sergeant he was promoted to officiate temporarily as a Subedar-Major. It appears that on 3/10/1950, the Commandant of the Bihar Military Police, Muzaffarpur wrote to the Deputy Inspector-General of Police, Armed Forces, mentioning an incident between the respondent and his orderly on the night of 22/09/1950. The incident involved a physical assault by the respondent on the orderly. The Commandant made an inquiry in the matter and expressed the opinion that the respondent had actually assaulted his orderly by taking the law into his own hand instead of bringing any complaint which existed against the orderly to the notice of the higher authorities for proper action. In the penultimate paragraph of his letter the Commandant wrote, "to drop the above incident without taking action, in order to prevent any re-occurrence of the Subedar Majors gross misconduct, I suggest he be censured for his unsatisfactory behaviour where lie failed to maintain the required discipline". The Deputy Inspector-General wrote a note to the Inspector-General as follows:

"Kindly see pp. 15-12 which relate to the notorious Subedar Major S. B. Missir of M. B. P. VI whose conduct is already under enquiry by a Board to be presided over by the 1. G. himself.

IN this particular case Subedar Major Missir appears to have tripped up very badly and I fuel that transfer, as recommended by D. I. G. A. F. is no cure.

IT is indeed strange that our Board accepted the Subedar Major for promotion to the rank of Sergeant Major although he has not yet undergone training of a Sergeant. In a similar case the then D. I. G. A. F. recommended that a temporary Sergeant must undergo the Sergeants course before his case was considered for promotion. The Subedar Major, is perhaps, too old to learn and in any case cannot be posted as a Sergeant Major in view of the fact that he was never trained as a Sergeant and has never worked in a district. He was originally appointed in the R. P. P. by Mr. Greeds Board.

I recommend that the officiating Subedar Major should be reverted to his substantive rank of Sergeant and posted to Hazaribagh. The question whether he should be retained in service will be decided after the Board of enquiry concludes its labour. I am purposely suggesting his posting to Hazaribagh because he will be far away from the witnesses and would not be able to tamper with the evidence recorded of each witness. Even the present charge against Subedar Major Missir is serious but the order of reversion would meet with the case, as it is obvious that he is not likely to make either a suitable Subedar Major or Sergeant Major."

The Inspector-General made an order on 2/11/1950, "as proposed". In the first week of November, 1950, the respondent was asked to attend a Board of Enquiry for answering charges of misconduct. On 14/11/1950, the respondent was reverted to his substantive post of Sergeant. On 7/04/1953) an order was made by the Deputy Inspector-General dismissing the respondent from service.

(2) IN February, 1954, the respondent filed a suit for a declaration that his demotion from the rank of a Subedar Major to that of Sergeant and dismissal from service were wrongful, illegal and inoperative and that he had all along remained a Subedar-Major. He further claimed a decree for a sum of Rs. 3,118.00 on account of arrears of pay as detailed in Schedule I attached to the plaint with future interest. The Trial court dismissed the suit on the view that the order of reversion did not contain any stigma on the competence and character of the respondent and that it had not been made by way of punishment