MAHAMMAD ABDUL WAHED Vs. PROVINCE OF BENGAL

JUDGEMENT

(1.) The plaintiff was appoint-ed in 1934 as reserve clerk in the Second Munsiff's Court at Krishnagore. After a somewhat chequered career, he was removed from Government service in February 1939 and has brought a suit against the Province of Bengal claiming Rs. 22 lakhs, general damages and nearly Rs. 8000 for loss of salary and various allowances to which he claims to have been entitled under his conditions of service. The plaintiff appears in person and it is difficult to gather from his plaint the exact nature of his cause of action, but it appears to be mainly damages for wrongful dismissal. Issues were framed by the Court on 30 January 1941 and the case was set down for trial of three preliminary issues which are as follows: (1) Is the suit maintainable against the defendant for alleged wrongful dismissal by reason of the provisions of the Government of India Act? (2) Is the suit maintainable as against the defendant by reason (a) of the alleged wrongful acts or any of them set out in paras. 3, 4, 5, 6, 7, 9, 11, 12, 13 and 14 of the plaint, (b) of the refusal of travelling allowance as alleged in paragraph 5 of the plaint? (3) Has this Court jurisdiction to try this suit?

(2.) The defendant contends that assuming the suit is for wrongful dismissal and assuming further that the plaintiff was wrongfully dismissed, the suit is not maintainable owing to the provisions of section 240, Government of India Act, 1935. Section 240 provides: Except as expressly provided by this Act, every person who is a member of a civil service of the Grown in India, or holds any civil post under the Crown in India, holds office during His Majesty's pleasure.

(3.) The section is similar to Section 96 (b),Government of India Act of 1919 except that Section 96 (b) contains the words: Subject to the provisions of this Act and of the rules made thereunder, every person in the civil service of the Crown in India holds office during His Majesty's pleasure.