STATE OF UTTAR PRADESH Vs. HARISH CHANDRA SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad dismissing the appeal filed by the State of Uttar Pradesh and others, appellants before us, against the judgment and decree passed by the Additional District Judge Varanasi, setting aside the judgment and decree passed by the Trial Court and decreeing the plaintiffs suit.

(2.) The plaintiff, Harish Chandra Singh, had brought a suit against the State of Uttar Pradesh and some Police Officers for a declaration that the order of removal of the plaintiff from the Police Service was void, illegal, ineffective and inoperative, and that the plaintiff still continued to be in U. P. Police Service as Station Officer-in-charge of a Police Station and that he was entitled to his full pay and emoluments with increments as they fell due. He had also prayed for recovery of Rs. 7,453/- as full emoluments and salary from June 27, 1956 upto the date of the suit.

(3.) In order to appreciate the points raised before us it is necessary to set out the relevant facts. On December 13, 1942, the plaintiff was appointed as Platoon Commander in the Civil Guards. In 1945 there was a notification regarding the absorption of civil guards in the Police and on November 6, 1945, the plaintiff was selected by the Deputy Inspector General, Police Headquarters, Allahabad, for admission to the 1946 Session of the Police Training College, Moradabad. On January 8, 1947, the result of the Civil Police Cadet for 1946 Session was announced, and in the extract of the Police Gazette it is stated in the last column under the heading 'where posted', against the name of the plaintiff, 'Azamgarh'. This result sheet was issued by order of the Inspector-General-of-Police, United Provinces.