UTTAR PRADESH GOVERNMENT Vs. SABIR HUSSAIN

JUDGEMENT

(1.) This appeal is directed against a judgment of the High Court of Allahabad declaring that the orders dated 15-8-1949 and 18-5-51, of the respondent's removal from service were illegal.

(2.) The respondent was employed as Assistant Jailor at the Central Prison, Benaras. Auditing of the accounts revealed certain shortages. The respondent was chargesheeted in respect of the same, and dismissed from the post on 4-7-1942. He made representations to the authorities against his dismissal. Ultimately, the Government reinstated him on l5-6-1948 but by the same order suspended him with retrospective effect from the date of his dismissal. On the basis of the enquiry held earlier into the charges against him, he was removed from service on August 15, 1949. The respondent then filed suit No. 144/396 of 1952 in the Court of Munsif. Lucknow, claiming a declaration that the suspension order, dated June 15, 1948, and the removal order dated, 15-8-1949, and the Government Order, dated 18-5-1951, upholding the removal in appeal, were illegal, ultra vires and contrary to the rules. The plaintiff further stated that he would file a separate suit for the recovery of the arrears of pay, to which he was entitled in respect of the period from 4-7-42 to 10-8-1949.

(3.) The suit was resisted by the State on various grounds. The trial court dismissed his suit. The First Appellate Court dismissed his appeal.