SAHIBLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS of a plaintiff a second appeal against the dismissal of the suit by the two courts below. The plaintiff was appointed as L. C. No. 464, in the office of the Prosecuting Sub Inspector office, G. R. P. Kota, attached to the Railway Magistrate, Kota. The plaintiff appellant was suspended on 12th January, 1957 by the Superintendent of Govt. Railway Police on the ground that he was involved in the case of misappropriation regarding opium from Malkhana. While passing the order of suspension, it was directed that the plaintiff should be transferred to the G. R. P. Lines, Jaipur. It is not in dispute that the plaintiff did not join at Jaipur nor he ever reported at Jaipur. The order of the transfer was persistently disobeyed and, therefore, the departmental enquiry resulted in dismissal of the plaintiff from service.

(2.) IN the present suit, various pleas have been taken by the plaintiff for challenging the order of dismissal but all of them have been repelled by the lower courts. Before this Court, Shri Virendra Lodha, appearing for the appellant plaintiff, learned counsel replied upon the decision of the Punjab & Haryana High Court in Madanmohanlal vs. State of Haryana (1) wherein it was held that during the pendency of the criminal proceedings, a police office cannot be transferred out of District. A reading of the judgment would show that it was based on a special rule, i. e. Rule 14. 15 (5) of the Punjab Police Rules, 1934 (Vol. II), which reads as under: "no police officer against whom criminal proceedings have been instituted shall be transferred to another district until the final order is passed in respect of such proceedings. "

(3.) IN the result, this appeal is hereby dismissed without any order as to costs. .