STATE OF MADHYA PRADESH Vs. SYED QAMARALI

JUDGEMENT

(1.) On 22/12/1945, the Inspector General of Police. central Provinces and Berar mader an order dismissing the respondent then a Sub-Inspector in the central Province Police Force from service witheffect from that date. His appeal against this order to the Provincial government, central Provinces and Berar was dismissed on 9/04/1947. The respondent brought the suit which has given rise to the present appeal on 8/12/1952, on the allegation that the order of dismissal was contrary to Para 241 of the central Provinces and Berar Police Regulations and as such contrary to law and void and praying for recovery of Rs. 4,724/5. 00 on account of his pay and dearness allowance as Sub-Inspector of Police for the three years immediately preceding the date of the institution of the suit.

(2.) The an defences raised on behalf of the appellant, the State of Madhya Pradesh, the defendant in the suit, were that the order, was not contrary to Para 241 of the Police Regulations and was valid in law; and secondly that the plaintiff's dismissal becomes effective on 22/12/1945, and consequently the suit was barred by limitation.

(3.) To understand the respondent's case that the order was contrary to Regulation 241 and the appellant's contention that it was not, it is necessary to state a few facts.