(1.) This appeal under Clause 10 of the Letters Patent by the Union of India and Director of Education, Delhi Administration is directed against the judgement of the learned Single Judge reversing on second appeal the decisions of the Court below and remanding the suit brought by R, P. Dhir respondent for being decided on merits in accordance with law.
(2.) The respondent, an employee of the Education Directorate, was promoted to the post of Assistant Superintendent in July, 1953. Notice' of termination of his services was served upon the resopndent in June, 1954, and his services were terminated with effect from July, 12, 1954. The respondent thereupon brought a suit against the appellants lor a declaration that the order of his removal from service was illegal, arbitrary, mala fide and inoperative, and that he was still in the employment of the defendants.
(3.) The appellants contested the suit. A preliminary objection was raised on behalf of the appellants that in view of the proviso to section 42 of the Specific Relief Act, 1877, the declaration sought by the respondent could not be granted.