BALKRISHNA JOSHI Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution. The petitioner was formerly in the employment of the former Rajgarh State as a Sub -Inspector of Police. Subsequent to the integration of that State into Madhya Bharat his services were transferred to Madhya Bharat under the terms of the covenant some time in 1948.

(2.) ACCORDING to the petitioner by the order of Inspector General of Police, Madhya Bharat dated 27 -5 -1950 he was absorbed as Sub -Inspector of Police in Madhya Bharat. Subsequent thereto he was posted at the Police Station 'Tal' While he was there he was on 3 -8 -1951 served with a charge, sheet containing various charges of misconduct and irregularities said to have been committed by him in the course of his duties. These charges were later Inquired into by the District Superintendent of Police who submitted a report to the Deputy Inspector Genera] of Police Ujjain who examined the report and past record of service of the petitioner and by his order dated 18 -12 -1951 retrenched the petitioner with effect from 1 -11 -1951.

(3.) IN the alternative it is contended that the Retrenchment Rules could not be invoked 'at random' after the petitioner's services are absorbed and no determination of the strength of cadres or 'their postings had been decided upon. The petitioner in the petition raised other points also but the aforesaid points are the only ones which are pressed during the course of argument. The petitioner on these grounds prays for the quashing of the impugned order and for any further and incidental order.