U P GOVT Vs. RAMA KANT SHUKLA

JUDGEMENT

(1.) THIS is a defendant's appeal, and arises out of a suit for declaration.

(2.) KAMA Kant Shukla filed the suit alleging that on 20th July 1954, he was posted as a constable at police station Gur Buxganj, district Rae Barcili and was charged by the District Superintendent of Police, that he between 5th and 7th September. 1953 assisted S. O Agya Ram Tewari in extorting a bribe of Rs. 660 from nine persons, in the murder case of Sheo Ram Lodh. As a result of the departmental trial held under Section 7 of the Police Ad. the Superintendent of Police on 1011-1954, recommended for his reduction to the lowest grade for three years. The Deputy Inspector General issued notice to show cause why the punishment be not enhanced to dismissal. Thereupon he (the plaintiff) submitted his explanation, but the same was rejected, and he was dismissed from service on 21-5-1955 He also filed an appeal to the Inspector General of Police but it was dismissed on 9-9-1955. It was said that serious illegalities and irregularities were committed in conducting the trial, and the entire proceedings were vitiated On these grounds, a decree for declaration was claimed that his dismissal was illegal and ultra vires ab initio

(3.) THE suit was contested by the Government, on a variety of grounds. On the pleadings of the parties the learned Munsif framed the following issues