SHRI OM PRAKASH GUPTA Vs. UNITED PROVINCES

JUDGEMENT

(1.) This is an appeal by the pltf. part of whose claim has been dismissed by the Civil Judge of Allahabad.

(2.) The applt. was successful in the competitive examination for the Provincial Civil Executive) Service. He was taken in service as a Deputy Collector & took over charge on 26-6-1940. In due course he was confirmed. In 1948 he was transferred from Dehra Dun to Ballia & in 1944 he was transferred to Lakhimpur Kheri. He joined his duties at Lakhimpur Kheri on 20-7-1944. On 23-8-1944 he was telegraphically suspended from service pending an enquiry into certain charges On 27 8-1944, a charge-sheet Was handed over to him & he was required to appear before the Comr. at Lucknow on 28-8-1944 for explanation. He appeared before the Comr. on 28-8-1944 & protested against the procedure adopted by him for the enquiry. The Comr. completed the enquiry on 1-9-1944, & submitted his report to Govt. On 11-9-1944, the Comr. recommenced the enquiry probably under instructions from Govt. On 30-9-1944, the Comr. after completing the enquiry submitted the papers to Govt. The Govt. on 25-11-1944 dismissed the applt. from the U. P. Civil (Executive) Service, with effect from that date. This order was served upon him at Allahabad on 1-12-1944. He submitted a memorial against the order to the Governor on 7-8-1945 & the memorial was rejected on 28-5-1947. During the period of suspension he was paid subsistence allowance at the rate of one-fourth of his salary which then was Rs. 310 per month. He then gave a notice as required by Section 80, Civil P. C. & on 2-1-1948, instituted the suit which gives rise to this appeal.

(3.) The applt. pleaded that the order of dismissal was null & void because the enquiry conducted by the Comr. was improper & in violation of the provisions of Sub-section 55, (C. S.) Qualification Rules 1938, & no opportunity had been given to him to show cause against the proposed punishment. Originally he claimed two reliefs in the alternative. He wanted a declaration that the order of dismissal was wrongful, illegal, void & inoperative & that he still continues a member of the Civil Service entitled to full pay with all increments as & when they fall due, together with a decree for the arrears of pay from 24-8-1944 to 31-12-1947. (24-8-1944, was the date on which he was suspended). In the alternative he claimed a declaration that the order of dismissal was wrongful & a decree for damages amounting to Rs. 1,20,000 for the wrongful dismissal with interest. He paid court-fee on the higher valuation of RS. 1,20,000.