(1.) This appeal is brought by the State of the Pun jab against a decree of Mr. Gilani, Senior Subordinate Judge, Gurgaon, decreeing the plaintiff's' suit for declaration that the order removing the plaintiff from service passed by the District Superintendent of Police on 12-7-1950 is ultra vires, illegal and void and that the plaintiff is still an employee of the Punjab Police Service as officiating Sub Inspector of Police.
(2.) The plaintiff joined the Police service at Ludhiana as a Foot Constable in 1927. He had at that time passed the Matriculation Examination of the Punjab University, Sometime in 1930 he was promoted to officiate as a Head Constable and was confirmed in that post in 1935. On 22-10-1944 he became an officiating Assistant Sub Inspector under the orders of the Deputy Inspector-General of Police, Ambala Range.
(3.) On 28-5-1945, the Police Rules were amend ed and instead of the Deputy Inspector-General being the appointing, authority for Assistant Sub- Inspectors and Sub-Inspectors the District Superintendent of Police was substituted and thus a District Superintendent of Police became the appointing authority for officers holding the rank of Assistant Sub-Inspector and Sub-Inspector. On 1-3-1947 the District Superintendent of Police, Simla, appointed the plaintiff as Assistant Sub-Inspector of Police on two years' probation and he was appointed officiatting Sub-Inspector by the District Superintendent of Police of Simla on 16-5-1948. In April 1950 he was Station House Officer in charge of Nuh Police Station in the Gurgaon district.
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