BHOLA RAM Vs. LT GOVERNOR

JUDGEMENT

(1.) The appellant, Bhola Ram, has preferred this appeal, under clause 10 of the Letters Patent, against the judgement of the learned Single Judge, dated October 24, 1972, dismissing his writ petition.

(2.) The appellant joined Police service as a Foot Constable on March 28, 1933 in the North West Frontier Province (now in Pakistan). He was promoted as a Foot Constable selection grade on March 1, 1934 and as officiating Head Constable on November 26, 1944 but was reverted as Constable selection grade with effect from March 27, 1945. He was again promoted as officiating Head Constable with effect from April 10, 1945 and was reverted as Foot Constable time scale on August 9. 1945. He was re-promoted as Foot Constable selection grade on March 1, 1946.

(3.) After migrating to India, on the partition of the country, the appellant was appointed as a Constable in the Delhi Police Force on October 29, 1947, and was promoted as Head Constable with effect from October 30, 1947. He was appointed as Assistant Sub-Inspector with effect from August 3, 1953 in a temporary vacancy but was reverted to the post of Head Constable in September 1953 due to the termination of the said temporary vacancy. He was again promoted as officiating Assistant Sub-Inspector with effect from November 1, 1953 but was reverted to the rank of Head Constable, having been found unsuitable to hold the said post of Assistant Sub-Inspector, vide order dated July .20, 1957 (Annexure C) passed by the Assistant Inspector General of Police, Delhi. The appellant made representations against the order of reversion but to no effect. Ultimately, the appellant filed a civil suit claiming three reliefs, namely, (i) a declaration that the said order of reversion dated July 20, 1957 was illegal, ultra vires and ineffective and he continued to hold the rank of Assistant Subinspector; (ii) recovery of Rs. 319.50 towards the difference in the pay for the period July 20, 1957 to February 28. 1961; and (iii) for quashing the adverse entries for the period April 1, 1957 to July 29, 1957. The suit was partly decreed by Shri Joginder Nath, Subordinate Judge First Class, Delhi, vide his judgment dated August 4, 1966 (Annexure E). The Learned Subordinate Judge granted the first two reliefs but refused to quash the adverse entries. The appeal filed by the Government against the said judgment and decree was dismissed by the learned District Judge vide judgment dated April 12, 1967.