RAMBARAI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal against the concurrent decisions of the courts below is presented by the plaintiff whose suit for a declaration that his dismissal from the police force is wrong, illegal and inoperative and for a direction for his reinstatement has been dismissed.

(2.) The short facts are these: The plaintiff was appointed as a police constable in the police force of the district of Monghyr in 1926. In the year 1948-49 he was attached to Nayagaon town out post of Jamalpur police station in that district. A proceeding for gross misconduct and negligence of duty was started against him and he was put under suspension. During the pendency of that proceeding he was called upon to take command certificate from Jamalpur police station to go to police lines. On the 10th of September, 1948, he accordingly went to that police station to take the command certificate. It appears that a report was submitted against the plaintiff to the effect that he came to take his command certificate for joining the line in a peculiar fashion wearing fine dhoti, fine malmal kurta, silk stocking, costly pump shoes and a garland of flowers attached with fifteen currency notes of ten rupee denomination, and when asked by the Inspector of Police as to why he was in that fashion, he retorted that he had been honoured in that way by his associates. On this report another proceeding, being proceeding No. 47 of 1948, was started against the plaintiff on the 22nd of September, 1948, and he was asked to show cause as to why he should not be removed from his service for his disorderly conduct subversive to discipline. At the direction of the Superintendent of Police, Monghyr, the Deputy Superintendent of Police of that place conducted an enquiry and he submitted his findings on the 3lst of December, 1948, against the plaintiff. On the basis of those findings the Superintendent of Police dismissed him from service by his order dated the 21st of January, 1949. The case of the plaintiff is that at Jamalpur he incurred the displeasure of the Havildar Gupteshwar Singh and the Sub-Inspector of Police, Bindeshwar Prasad Singh, as he refused to render personal service] to them. Mathura Prasad Singh, the then Inspector of Police, Jamalpur Circle, happened to be a relation of the said Gupteshwar Singh, Havildar, arid all these persons conspired to harass the plaintiff, and they accordingly got the previous proceeding referred to above started against him on false allegations. It is said that when he went to the police station to take the command certificate, he was threatened with dire consequences by the Inspector of Police, Mathura Prasad Singh, who wanted the plaintiff to withdraw his allegation against the above Havildar and the Sub-Inspector of Police. But, as he refused to do so, a false report was submitted against him charging him with disorderly conduct subversive to discipline. It is said that the plaintiff was dismissed by the Superintendent of Police who passed the order of dismissal relying upon the findings arrived at by the Deputy Superintendent of Police as stated above. The plaintiffs appeal before the Deputy Inspector-General of Police and the Inspector-General of Police also failed. On these al-legations he, after service of notice under Section 80 of the Code of Civil Procedure on the State of Bihar, filed the suit out of which this appeal arises for the reliefs stated above. The case of the plaintiff is that his dismissal was wrongful and illegal.

(3.) Defendant No. 1 is the State of Bihar, and defendant No. 2 is the Secretary, Political Department. Both of them filed a joint written statement and pleaded, inter alia, that the order of dismissal was legal and valid and that the plaintiff was guilty of disorderly conduct subversive to discipline. They also took some other pleas, but it is not necessary to refer to them as they are not at all relevant for the purpose of the present appeal.