TILAKRAM LALUWA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS first appeal by the plaintiff is against the dismissal of his suit by the additional Civil Judge First Class, Raipur.

(2.) THE plaintiff was employed as a Kamdar in the Agriculture Department. He was suspended on 14-11-1946 with effect from 1-11-1946. On 13-3-1948, an order was passed dismissing him from service with effect from 16-12-1948 (sic), A sum of Rs. 853/-/9 was paid by him on 29-10-1946 for shortage in recoveries made by him. After his dismissal, a challan was put up against him on 15-2-1948 that he had misappropriated Government cash. This criminal case was withdrawn on 1510-1954 by the State and consequently an order of acquittal was passed. The appellant filed the present suit on 1-12-1955.

(3.) THE plaintiff's case is that he was dismissed from service without any departmental enquiry, contrary to the provisions in Section 240 (3) of the government of India Act. Consequently, the dismissal was wrongful and ineffective. He further stated that the dismissal was on account of an alleged charge of misappropriation of money which was not proved in the criminal case. He was, therefore, entitled to reinstatement in service. He claimed a declaration that he was in Government service, as the order of dismissal was wrongful. He also claimed a refund of the amount of Rs. 853-0-9 paid by him to Government and an amount of Rs. 3892/14/9 as arrears of pay.