STATE OF MADHYA PRADESH Vs. GOKULPRASAD KALURAM DUB

JUDGEMENT

(1.) THE suit of the plaintiff-respondent for a declaration that the order of his retirement dated 3-5-1961 passed by Shri I. J. Johar, who held the current charge of the duties of the Inspector-General of Police on that date, was illegal and inoperative and for the arrears of his salary for period 11-8-1961 to 31-12-1962 has been decreed by the two Courts below. THE defendants, the State of Madhya Pradesh and the Inspector-General of Police, Madhya Pradesh, have, therefore, come up in second appeal.

(2.) THE plaintiff-respondent Gokul Prasad Dubey was, on 1-1-1933, appointed as a Sub-Inspector of Police in the Madhya Pradesh State Police Service on probation for two years. He was confirmed in the said post in 1936. Later on, on 10-1-1947, he was promoted as Police Prosecutor by the Inspector- General of Police and was confirmed in the said post in 1949. From 2-3-1959 he was holding the charge of the permanent post of a Police Prosecutor at Betul.

(3.) HE made attempts to get his transfer order postponed or cancelled. HE also saw the Inspector-General of Police personally in this connection. But all his efforts failed. Nonetheless, he neither joined at Raipur nor handed over charge of his office to his successor at Betul on the allegation that he was ill and unfit to attend office: (see Exs. P-20, P-22, P-23 and P-25), even though he was being pressed to hand over charge at Betul and proceed to Raipur: (see Exs. P-21 and P-24).