PROVINCIAL GOVERNMENT, CENTRAL PROVINCES AND BERAR THROUGH COLLECTOR Vs. SHAMSHUL HUSSAIN SIRAJ HUSSAIN

JUDGEMENT

(1.) THIS is an appeal by the Provincial Government in a case in which a Sub-Inspector of Police has sued for arrears of pay from 8th October 1937 to 10th November 1943, the date of the suit.

(2.) THE plaintiff was appointed a Sub-Inspector of Police by the Inspector General of Police of the Central Provinces in 1917 after a period of preliminary training. He was confirmed in 2918.

(3.) THE plaintiff's case is that as he was appointed by the Inspector-General he could not be dismissed by the Deputy Inspector General; and that is now conceded by the Grown because of the recent decision of the Federal Court reported in Punjab Province v. Tara Chand A.I.R. (34) 1947 F.C. 23. The matter is also dealt with in earlier decisions of that Court : Secretary of State for India v. I.M. Lall A.I.R. (32) 1945 P.C. 47 and Suraj Narain v. N.W.F. Province A.I.R. (29) 1942 F.C. 3, 5. It is also referred to by their Lordships of the Judicial Committee in Rangachari v. Secretary of State for India A.I.R. (24) 1937 P.C. 27. These decisions are all based on Section 240(2), Constitution Act.