GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant was in 1934 first appointed as a police constable in the erstwhile State of Gwalior and was promoted in March 1945 to the post of a Sub-Inspector. In May 1948, the rulers of Gwalior, Indore and certain other States formed, under a covenant executed by them, a new State, called the United State of Madhya Bharat. The appellant was allowed to work as a Sub-Inspector in the new State of Madhya Bharat, but his name was entered from the very beginning, that is from May 1948, in the list of "provisionally absorbed Servants" and remained so during all material times.

(2.) By a notification, dated December 15, 1948, the Madhya Bharat Government published rules, called the "Retrenchment Terms". As revised by another notification dated July 9, 1949, these Retrenchment Terms so far as they are relevant for the purposes of appeal read as under:

(3.) While the appellant was working at Bhilsa as the Sub-Inspector, he received an order signed by the Deputy Inspector-General, Central Range, to the effect that the appellant was "retrenched.......for consistent bad record under retrenchment category 2" of the said Retrenchment Terms. The order, how- ever, informed the appellant that he would be given all the benefits of leave, pension etc. due to him under the Rules. Aggrieved by the said order, the appellant filed an appeal before the Inspector-General of Police. The Inspector-General issued a notice to the appellant to show cause why the said order should not be made absolute under category 2, as also under categories 4 and 7 of the said Retrenchment Terms. The appellant submitted his explanation showing cause. By his order, dated January 2, 1954, the Inspector-General rejected the appeal and confirmed the said order, also under categories 4 and 7 of the said Terms, that is, be sides the ground of a consistently bad record, also on the ground of the appellant not possessing the minimum qualification prescribed for the post, and the ground that the appellant, for reasons considered adequate by the Government, could not be absorbed in the Madhya Bharat service.