STATE Vs. MANSINGHRAO

JUDGEMENT

(1.) THIS second appeal arises out of a suit brought by the plaintiff against the State of Madhya Bharat in which he had sought a declaration that his dismissal by the revenue Minister is invalid and that he still continues to be in service. The suit was decreed by the Civil Judge, First Class, Bhind and on appeal the decision was affirmed by the District Judge.

(2.) THE facts of the case lie within a short compass: The plaintiff was a Naib tehsildar in year 1940 and was in the service of the Gwalior State. Near about that time, a complaint was filed against him by one Kishanlal. While the enquiry was proceeding, the then Maharaja of Gwalior went on a tour of the Mandsaur District and the matter was placed before him. The then Maharaja of Gwalior reprimanded the plaintiff and issued him a warning by way of punishment. Thereafter he continued to be in service and on two subsequent occasions was promoted to higher grades also. On the formation of Madhya Bharat State, sometime in year 1950, he was served with a notice by the Revenue Minister of madhya Bharat State to show cause why he should not be dismissed from the service in connection with the complaint of Kishanlal referred to above. In reply, it was submitted that the matter had been disposed of by the Ruler of Gwalior State and that having been punished in the form of a warning, it was not proper to punish him once again. The Madhya Bharat Government, however, dismissed him.

(3.) THE Government of Madhya Bharat resisted the suit on the ground that the complaint of Kishanlal had not been disposed of and that the State was justified in dismissing him after giving a show cause notice. It was also urged on behalf of the government that the Civil Court had no jurisdiction to entertain a suit of this nature.