JOGI JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Civil is directed against the Judgment of the Patna High court dated July 11, 1984. The appellant had filed a suit on 6/04/1967 challenging his order of dismissal from service dated 27/06/1960. The dismissal was challenged inter alia, on the ground that the Additional Superintendent of Police who had passed the order of dismissal was not hisappointing authority and was lower in rank to the Superintendent of Police and as such the order of dismissal was violative of Article 311 of the Constitution. Issue No. 4 in the suit was framed in the following manner:

(2.) We have heard learned counsel for the parties. In Civil No. 10275 of 1983 Raghubir Jha v. State of Bihar , decided on 7/11/1983 this court had taken the view that the period of limitation for filing the suit will be counted from the date of the final order passed by the State government in Revision filed under the rules. It is not disputed in the present case that the residuary article shall govern the period of limitation. The suit filed on 26/04/1967 shall be within the period of limitation as the Revision in the present case filed under Rule 853-A of Bihar and orissa Police Manual, 1938 was dismissed by the government on 28/10/1965 and communicated on 29/10/1965 to the appellant. A Constitution bench of this court in S. S. Rathore v. State of M. P has also taken a similar view. It was however contended on behalf of the respondents that Additional Superintendent of Police was included in the definition of Superintendent of Police under the Rules. We are not expressing any opinion on this point as we are remanding the appeal as the suit was dismissed on the ground of limitation.

(3.) In view of these circumstances, we allow this appeal, set aside the Judgment and decree of the High court and remand the case to the High court with a direction to decide other questions according to law. In view of the fact that this is a very old matter, the High court may decide the appeal within three months of the receipt of this order. The parties are directed to appear before the High court on 5/01/1992. No order as to costs.