Facts:

Patrick Zhdeeh, the appellant was a civil servant under the employment of the respondent in the Ministry of Commerce and Industry Port Harcourt as a Store Assistant. In 1977, it was discovered in the store where the appellant was serving that 120 bales of stockfish worth N20,000.00 (Twenty thousand Naira) were missing. The appellant, who was interdicted and placed on half salary, was charged to a Magistrate Court for the theft of the bales of stockfish after which he was discharged and acquitted on 1-11-1978. However, in 1984, a Board of Inquiry was instituted to investigate the loss of the 120 bales of stockfish from the appellant’s store. The appellant was invited to give evidence and he testified before the Board of Inquiry which in its report, though found the appellant grossly negligent in causing the loss of the 120 bales of stockfish to his employers, recommended his reinstatement to his post in the civil service.