( 1 ) THIS appeal by special leave granted by this Court to the plaintiff-appellant is directed against the judgment and decree passed on 1/11/1955, by a Single Judge of the Punjab High Court sitting in the Circuit Bench at Delhi in regular second appeal No. 28-D of 1955.

( 2 ) THE facts leading up to the present appeal are shortly as follows: On 6/04/1943, the appellant was appointed a sub-inspector under the Delhi Audit Fund. In February 1947, he was transferred to the Cooperative Societies Department and posted as sub-inspector in the Milk Scheme. On 3/07/1947, the appellant was confirmed by the then Deputy Commissioner of Delhi who was also the ex-officio Registrar of Co-operative Societies. On 1/08/1948, the appellant was transferred to the Rehabilitation Department of the Co-operative Societies and posted as sub-inspector. On 1/07/1949, the appellant was suspended by the then Deputy Commissioner Delhi. On 9/07/1949, the appellant was served with a charge sheet under R. 6 (1) of the Rules which had been framed by the Chief Commissioner, Delhi to provide for the appointment to the subordinate services under his administrative control and the discipline and rights o