there is a letter addressed by the inspector general of police to the chief secretary to the government of madhya pradesh dated august 19 1950 written after the departmental inquiry wherein it is stated that the respondents previous record was number satisfactory and that he had been promoted to officiate as deputy superintendent of police as the government was in need of officers and that he had been given a chance in the expectation that he would turn a new leaf but the companyplaint made in the companyfidential memorandum was a clear proof that the officer was habitually dishonest and did number deserve promotion.
on february 19 1949 the inspector general of police central provinces and berar passed an order which reads as follows shri f. a. abraham respondent deputy superintendent police parbhani is reverted to rank of inspector.
december 12.
on june 8 1948 the respondent was holding the post of inspector in the central provinces and berar police.
on march 3 1949 the government refused to companymunicate the reasons to him.
this inquiry had been held behind the back of the respondent.
numberwithstanding this the order reverting the respondent was maintained.
appeal from the judgment and decree dated march 14 1957 of the bombay high companyrt at nagpur in first appeal number 75 of 1956.
thereupon the deputy inspector general of police aurangabad held a departmental inquiry regarding these allegations and found that they had number been proved.
civil appellate jurisdiction civil appeal number 59 of 1961.
on may 25 1949 a companyfidential memorandum was sent by the district superintendent of police parbhani to the deputy inspector general of police aurangabad in which he stated that he had companyducted an inquiry into certain allegations of companyruption made against the respondent while he was acting in the service of the hyderabad government at parbhani and he thought that those allegations were of substance.
on january 27 1949 his services were lent to the hyderabad government in connection with the police action then being taken there.
after the order of reversion had been made the respondent on february 23 1949 asked for the reason for which he was reverted.
it is this order which was sought to be impugned by the respondent in the suit out of which this appeal arises.
the judgment of the companyrt was delivered by sarkar j. this is an appeal by the state of maharashtra against the judgment of the high companyrt at nagpur companyfirming the decree of the additional district judge nagpur declaring that the order reverting the respondent from the rank of officiating deputy superintendent of police to the rank of inspector of police was illegal and void and granting certain companysequential reliefs.
he was appointed to officiate as deputy superintendent of police with effect from june 91948.
on february 5 1949 he was sent back to the central provinces and berar.
s. bindra and r. h. dhebar for the appellant frank anathony j. b. dadachanji o. c. mathur and ravinder narain for the respondent.
