STATE OF BIHAR Vs. AJODHYA JHA

JUDGEMENT

(1.) This appeal has been filed by the State of Bihar, against which Title Suit No 38/12 of 1959 -61 had been brought by the respondent, Ajodhya Jha. The facts leading to the present appeal may be briefly summarized as under.

(2.) Ajodhya Jha (hereinafter referred to as plaintiff) was appointed a temporary Sub -Deputy Collector in the Bihar Subordinate civil Service on 12 December 1947. Subsequently he was taken on probation against a substantive post with effect from 4 June 1949. on 28 July 1952 he was served with an order of discharge (Ex. 2). On 11 August 1949 the Collector of Darbhanga demanded explanation from him under Ex. 1(e) concerning three Irregularities alleged to have been committed by him while he was posted at Madhubani. The irregularities were -

(3.) On 14 July 1958 plaintiff sent a notice (Ex, 5) under Section 80 of the Code of Civil Procedure to the State of Bihar (Ex. 5). In this notice he claimed that the order of discharge passed against him was null and void, ultra vires, arbitrary, unreasonable, mala fide and inoperative. He further claimed that he was entitled to be reinstated to the said poet and was also entitled to his salary and allowance with interest from the date of discharge to the date of his reinstatement. Finally on 29 September 1953 he filed his plaint in the Court of the Subordinate Judge at Patna in forma pauperis. In this suit he claimed that the order of discharge dated 16 July 1952 which was subsequently affirmed on appeal on 4 May 1955 was illegal, mala fide, null and void and violated the principles of natural justice and the provisions of the Constitution of India. He claimed Rs. 18.500 as his salary and allowance for the period from 28 July 1952, i.e., the date on which he was discharged to 27 September 1953 the date on which the salt was filed. He farther claimed salary and allowance pendente lite and calculated the same tentatively at Rs. 475.