MEWA RAM RAM CHARAN Vs. UNITED PROVINCES

JUDGEMENT

(1.) THIS is a plaintiff's appeal arising put of a suit for a declaration that the order of dismissal passed against him by the Inspector General of Police was wrongful, illegal and ultra vires and for a decree for damages to the extent of Rs. 14,000/ -. An alternative prayer asking for a decree for rs. 2,653/8/-on account of arrears of salary together with station allowance had also been asked for in case the order of dismissal against the plaintiff was held to be 'ultra vires' and void.

(2.) THE plaintiff was a Sub-Inspector of Police in U. P. , having been appointed by the Inspector general of Police in the year 1921. He was posted at police station Payagpur in 1943 and was suddenly transferred to police station Sujauli on 24-3-1944. Some confidential enquiry was made against him presumably on receipt of some information by the Superintendent of Police. On 17-4-1944 an order of suspension of the plaintiff was passed by the Superintendent of Police and this order was served on the plaintiff on 20-4-1944. He was ordered to hand over charge and to report his arrival at the police lines which he did on 22-4-1944. A departmental-trial under section 7 of the Police Act followed and a number of witnesses were examined in support of the allegations against the plaintiff. Charges were framed on the basis of the evidence adduced, and this charge sheet was served on the plaintiff on 25-4-1944. He was asked to produce evidence in defence which he did. The enquiry concluded at the end of May, and the Superintendent of Police reported to the Deputy inspector General of Police on 12-6-1944, that most of the charges brought against the plaintiff had been satisfactorily established and further recommended the dismissal of the plaintiff from the police force. The Deputy Inspector General of Police agreed with the report and the recommendation of the Superintendent of Police and called upon the plaintiff to show cause as to why he should not be dismissed from the police force. The plaintiff then made his representation orally which was recorded and ultimately the Deputy Inspector General of Police reported to the inspector General of Police recommending the dismissal of the plaintiff. The Inspector General of Police finally agreed with the recommendation and passed the order of dismissal of the plaintiff on 1-8-1944.

(3.) THE plaintiff then went up in appeal to the Provincial Government but his appeal was dismissed and he then instituted the suit on 29-3-1946 which has given rise to this appeal after serving the notice under Section 80, C. P. C. on the Government.