MADAN GOPAL Vs. THE PUNJAB STATE

JUDGEMENT

(1.) THIS is a plaintiffs appeal from the judgment and decree of the learned Senior Subordinate Judge. Karnal, disallowing the plaintiff's appeal from the dismissal of his suit in the Court of first instance.

(2.) THE plaintiff instituted the suit out of which this second appeal arises for a declaration that the order of his dismissal passed by the Superintendent of Police, Karnal on 1st February, 1957 is ultra vires, unconstitutional and inoperative and that the plaintiff should be deemed to be still in service on full pay and allowances. The plaintiff alleges to have been enlisted in the Pan jab Police on 4th January, 1951 and on 14th May, 1956 he was posted at Judicial Guard, Kaithal. On 1st February, 1957, he was dismissed from service by Shri Puran Singh, Superintendent of Police, without affording him reasonable opportunity within the meaning of Article 311 of the Constitution. Violation of Police Rule 16.38 (1) and (2) was also pleaded. On the pleadings of the parties, the following issues were settled:

(3.) ON appeal before the learned Senior Subordinate Judge, the plaintiff did not specifically challenge the conclusion of the trial Court on the non -applicability of Rule 16.38 of the Police Rules. Indeed, even in the judgment, there is no mention of any argument having been addressed on the applicability of this rule. The lower Appellate Court has expressly reproduced three points argued by the learned counsel for the appellant and in the end, it has been clarified that no other point was argued in that appeal. Non supply of a copy of the daily diary was the first point canvassed before the Court below and discussed by it. In its opinion, the appellant knew about the contents of the daily diary and reliance on its non -supply was an after -thought, and it has been expressly observed that this did not cause any prejudice to the appellant.