SAHIB LAL Vs. STATE BANK OF RAJASTHAN

JUDGEMENT

(1.) THIS is plaintiff's 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, 1967 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 Tot 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 relied upon the decision of the Punjab and Haryana High Court in Madanmohan Lal v. State of Haryana 1968 SLR 501 where in it was held that during the pendency of the criminal proceedings, a Police Officer 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 original proceedings have been instituted shall be transferred to another district until the final order is passed in respect of such proceedings.

(3.) SHRI Virendra Lodha then argued that the enquiry was not fair and some of the evidence was taken in the absence of the plaintiff.