STATE OF RAJASTHAN Vs. KALOO SINGH

JUDGEMENT

(1.) THE respondent-plaintiff was a Constable in the Police Department and was deputed at the Police Out-post, Soorsagar in the month of May 1959. He was dismissed from service by Shri P. C. Mishra, Assistant Superintendent of Police, Jodhpur on 7-4-1970. THE respondent filed appeal from the order of dismissal but his appeal was dismissed by the Inspector General of Police, Rajasthan on 29. 12. 1960. It appears that the respondent also made grievance against his order of dismissal to the Government of Rajasthan but was informed by the Secretary, Home Department, Government of Rajasthan vide his letter dated 8-5-1963, that his appeal had rightly been dismissed by the Inspector General of Police. After having received the aforesaid letter from the Government of Rajasthan the plaintiff served a notice under S. 80 C. P. C. and filed the present suit in forma pauperis in the court of civil Judge, Jodhpur on 11. 12. 63 praying that the order of dismissal passed against the respondent be set aside and he may be awarded a decree for Rs. 2500/ on account of arrears of salary inclusive of dearness allowance up to the date of suit and a further sum of Rs. 1000/- on account of damages for wrongful dismissal. THE suit was resisted by the Government of Rajasthan inter alia on the ground that the impugned order of dismissal passed against the plaintiff was in accordance with law.

(2.) AFTER recording the evidence produced by the parties the learned civil Judge, Jodhpur dismissed the suit by his judgment dated 3-9-1966. Dissatisfied with the judgment and decree by the trial court the plaintiff filed appeal in the Court of District Judge, Jodhpur who by his Judgment dated 20-5-1969 allowed the plaintiff's appeal, set aside the judgment and decree by the trial court, and decreed the plaintiff's suit for declaration that the order of dismissal passed against him on 7. 4. 1960 and confirmed in appeal by the Inspector General of Police on 29. 12. 1960 was illegal and void. He also awarded a sum of Rs. 2500/- to the plaintiff on account of arrears of salary. The claim for Rs. 1000/- on account of damages was, however, disallowed. Aggrieved by the judgment and decree awarded by the learned District Judge, Jodhpur the State of Rajasthan has filed this second appeal.

(3.) NO other point was pressed in support of the appeal.