RAM DULARE YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a plaintiff's appeal arising out of a suit for declaration that the order dated 20th September, 1958 passed by the Superintendent of Police, Basti, dismissing the plaintiff from the post of a police constable, as illegal and without any force; and that the plaintiff is entitled to be re-employed at his original post and to receive his salary at the rate of Rs. 72/- per month from 20th September, 1958. It was further prayed that the defendants be directed to pay the plaintiffs salary till his reinstatement at his original post.

(2.) THE plaintiff's case was that in the year 1958 he was posted as a police constable at the out-post Purani Basti, Police Station Kotwali, district Basti. It was alleged that on 21st May, 1958while the plaintiff was having his cycle repaired, another police constable by the name of Mohitram approached him and told him that he, Mohit Ram, has been directed by the Head Constable to make enquiries into a matter of a theft and requested the plaintiff to accompany him and to help him in the enquiry. According to the plaintiff, he, in good faith, accompanied Mohitram to Niramali Kund where the two constables were informed by a boy named Asharfi, that some articles had been stolen and were in the possession of Sukhram Teli. Asharfi is alleged to have taken the two constables to the house of Sukhram Teli and on enquiry. Sukhram denied that he had received any article from Asharfi. Thereupon, it was alleged that Sukhram Teli and Asharfi were taken to the Police out-post by the plaintiff and the other constable and were asked to sit at the out-post. Thereafter, the plaintiff alleged that he started preparing his food and could not say how Asharfi and Sukhram Teli left the out-Dost. On 22nd May, 1958 Sukhram Teli lodged a complaint against the two constables before the Deputy Superintendent of Police Basti and on 25th July, 1958 the Deputy Superintendent of Police served a charge-sheet on the plaintiff. The charge was as follows:

(3.) THEREAFTER, the plaintiff submitted his explanation on 4th August, 1958. The two charges mentioned in the charge-sheet were, however, held to be proved against the plaintiff and the Deputy Superintendent of Police Basti recommended the dismissal of the plaintiff from the State Police Force. Thereupon, the Superintendent of Police Basti on 30th August, 1958 served a show cause notice on the plaintiff and the plaintiff submitted his explanation but the Superintendent of Police Basti found the plaintiff guilty of the second charge i. e. having obtained Rs. 27/- from Sukhram Teli and dismissed him from police force by his order dated 20th September, 1958. Against the order of dismissal the plaintiff preferred an appeal, which was dismissed by the D. I. G. (Police) and thereafter the plaintiff's appeal was dismissed by the I. G. (Police) and then the plaintiff preferred a petition under Article 226 of the Constitution in this Court but he was directed to seek his remedy in civil court and then the plaintiff filed the suit, giving rise to the present second appeal.