STATE OF J&K Vs. HAJI GH NABI

JUDGEMENT

(1.) THIS is an appeal from the Judgment of a Single Judge of this court, dated November 29( 1969, refusing permission to the appellant to sue in Forma Pauperis on the ground that the cause of action is barred by limitation.

(2.) THE application was filed by the appellant on 12 -2 -1969 for permission to sue in FORMA Pauperis for recovery of a sum of Rs l.OCOOOOO/ -(Rupees one crore) as "special damages" from the respondents. It is alleged that the appellant was appointed as a SPECIAL Officer for Harijans on 16.4 -1948 in the grade of Rs 200 -20 -300, but the respondents 2 and 4 who are the Ex -Prim. Ministers of this Stare, and respondent No.

(3.) , who is the Ex -Revenue Minister of the State hatched a conspiracy in 1950 against the appellant for ousting him from service, because, he did not fall in line with them to act against the interest of India and carve out an independent State of Jammu and Kashmir outside the Indian territory. It is alleged that as a result of the same conspiracy they suspended him from service without any written order or charge. A series of malicious prosecutions were taken against him, and he was convicted and driven from one Jail to another. It is also alleged that his property was confiscated. The process of his prosecution continued from 1950 right upto September. 1963 when he was acquitted in the last criminal case. After his acquittal in the last case, he applied to the present Chief Minister for his re -instatement with all his past salary with increments and benefits of pension. He was, however, informed on 3 -7 -1967, by the Deputy Secretary to Government, General Department that the Government had no reasons to open his case. He, thereafter, approached the Chief Minister, but with no result. On 3 -7 -1967 he served the respondents, including respondent No. 1 the Chief Secretary to Government with a notice under section 80 C. P. C. claiming the damages of one crore of rupees as special damages, describing the respondents as joint tort -feasers. The special damages have been claimed for loss of salary, pension, and mental, physical, and nervous breaks down of the appellants health amongst others It was further alleged that the appellant has not sufficient means to pay the necessary court fees on the amount claimed. 3. The application was resisted by respondents 1, 2 and 3 on the ground that the, appellant has sufficient means to pay the court fees, and that the plaint does not disclose any prima -facie cause of action, and in any event, the claim is barred by limitation It was further averred on behalf of the Chief Secretary, Respondent No: 1, that the appellant, when he was appointed in 1948 was appointed only temporarily, having had no lien on the post and that he was removed from service by the then Revenue Minister. Respondent No. 3, as is the appellants own version. The plea of malicious prosecution is denied.