ABDUL MAJID Vs. PROVINCE OF BIHAR

JUDGEMENT

(1.) This is an appeal by the plaintiff whose suit for realisation of the salary due to him for the period during which he was in service of the defendant, the Province of Bihar has been dismissed concurrently by the Courts below on the ground that the plaintiff's only remedy was to approach the defendant by a petition for payment of such amount as they may deem fit and proper.

(2.) The admitted and proved facts are that the plaintiff was appointed a Sub. Inspector of Police by the Inspector-General of Bihar and Orissa in January 1920, and owing to disapproval of his conduct while he was in charge of the Bukhtearpur police station in 1937, departmental proceedings were drawn up against him and he was found guilty of cowardice and for not preparing a searchlist and was punished by being degraded to the lowest grade for 10 years; on appeal, the Deputy Inspector General of Police found the plaintiff guilty of cowardice only and dismissed him from service by the order dated 23rd July 1940 which was communicated to the plaintiff on 29th July. Further appeals by the plaintiff to the Inspector-General of Police and to His Excellency the Governor of Bihar were rejected.

(3.) On these facts the plaintiff instituted the suit giving rise to this appeal on 21st July 1943, for a declaration that the order of dismissal on 23rd July 1940 by the Deputy Inspector-General of Police was ultra vires, and he should be still regarded as continuing in office, and further that the defendant should be directed to pay to the plaintiff his arrears of pay from 30th July 1940 till the date of the institution of the suit, as in the alternative, the compensation for wrongful dismissal from service.