DINKAR RAO Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS second appeal has been referred to us on account of conflict of decisions by this Court on the interpretation of the provisions of Art. 311 (1) of the Constitution of India. The order of reference reads as follows : 1959 MPLJ 534 the case shall be heard by a Full Bench. Accordingly, the case is referred to a Full Bench."

(2.) BEFORE embarking upon the consideration of the points of law arising in the case we think it proper to give a brief resume of facts.

(3.) THE appellant filed appeal from the order of his dismissal, but the same was rejected by the Government of M.P. The appellant then filed the present suit for declaration that the order of his dismissal was illegal and void being in contravention of Art.311 of the Constitution of India. The State Government resisted the suit. The trial Court, namely the Civil Judge Class I Guna decreed the plaintiff appellant's suit vide his judgment dated 17 -4 -69. He held that the order of dismissal of the appellant passed by the I.G. Police was ultra vires, illegal and void and consequently liable to be set aside. He also awarded Rs. 5,100/ - on account of salary and dearness allowance to the appellant.