MAINUDDIN ALISAB KAZI Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is an appeal filed by the appellant-plaintiff against the decree passed by the Additional District Judge, Bijapur, in R.A. No. 140 of 1958, confirming that of the Civil Judge, Senior Division, Bijapnr, in Civil Suit No. 316 of 1957.

(2.) The plaintiff instituted Civil Suit No. 316 of 1957 in the Court of the Civil Judge, Senior Division, Bijapur, for a declaration that the order of dismissal, dated 21 November 1955, passed against him by the District Superintendent of Police, Bijapur, is null and void and that he should be deemed to be still in service. The facts leading to the filling of the suit may shortly be stated as follows.

(3.) The plaintiff was a head constable and he was posted to Bagewadi on 2 June 1952 where he was serving till his final dismissal from service on 21 November 1955. He had been to Bijapur in the last week of April 1955 for attending the refresher course which was completed on 1 May 1955.