SOWINDER SINGH NIHAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE facts which have given rise to the present second appeal against the judgment and decree of the learned District Judge, Gurdaspur, are these: sowinder Singh, Head Constable was dismissed from service on 19th June, 1950 by the Superintendent of Police. Thereupon he instituted a suit on 1st October, 1956 in the Court of the learned Senior Sub-Judge, Gurdaspur, for a declaration that he was still a Head Constable in the Punjab Police and his reversion to the time-scale Foot Constable and ultimate dismissal from service was illegal, inoperative and ultra vires and as such he was entitled to all the emoluments from 19th June, 1950 upto the date of restoration. He also prayed for a permanent injunction by way of consequential relief restraining the Punjab State, defendant, from removing him from his post as a Head Constable. He alleged that his appeal: against the order of the Superintendent of Police dismissing him from service was also rejected by the D. I. G. Police on 15th October, 1950 and the revision petition by the I. G. Police on 27th December, 1950. The defendant, however, maintained that the order of dismissal was in all respects valid, that the suit was barred by time and the notice served by the plaintiff under Section 80, Civil Procedure Code, was not in order. The trial Judge framed the following issues:-

(2.) THE learned counsel for the appellant addressed his arguments only on the point whether the suit was filed within time. In his opinion Article 120 of the indian Limitation Act covered the case and time began to run from 27th december, 1950 when the revision petition was dismissed by the I. G. Police or at the most from 15th October, 1950, when the D. I. G. Police dismissed his appeal against the impugned order of the Superintendent of Police. He was not able to cite any authority in support of his arguments. On the other hand, the-Supreme court in Sita Ram Goel v. Municipal Board, Kanpur, AIR 1958 SC 1036, held-

(3.) IN the result, the appeal fails and is hereby dismissed with costs.