Aggrieved by the departmental action taken against him, the respondent filed the suit out of which this appeal arises in the companyrt of additional subordinate judge against the State of Bihar for a declaration that the order of the Deputy Inspector General of Police dismissing him from service was illegal and void and that he should be regarded as companytinuing in office.
2,283 against the appellant in respect of arrears of pay from the date of dismissal to the institution of the suit.
The additional subordinate judge by his judgment dated the 2nd February, 1945, dismissed the suit on the finding that the Government having reinstated the respondent he had numbercause of action.
The letter pointed out that if this advice were tendered, and if His Majesty were pleased to accept it, the effect would be that the declaratory judgment of the Federal Court would stand.
When the appeal came before the Board for further hearing their Lordships on the 6th August, 1948, caused a letter to be addressed to the solicitor representing the appellant, informing him that their Lordships number proposed humbly to advise His Majesty that the appeal should be dismissed, and stating that the order as to companyts would number be varied.
Appeal by special leave from the Judgment and Decree dated the 5th May, 1949, of the High Court of Judicature at Patna Manohar Lall and Mahabir Prasad JJ.
This decision was companyfirmed in appeal by the additional district judge.
1 1947 F.C.R. 89.
4,241 from 30th July, 1940, to the date of the suit on account of arrears of salary.
Commissioner by the order of the Federal Court, dated December 4, 1941, the respondent had ,obtained a decree for payment of Rs.
2,283 to the respondent by the Court of the Judicial Commissioner which, according to a submission made by the appellants companynsel, was open to challenge, and inquired whether the appellant wished to have an opportunity ,of satisfying their Lordships that the point was open, and of being heard on it.
The State companytested the claim and pleaded that the plaintiff held his service at the pleasure of the Crown, and companyld number call in question the grounds or the reasons which led to his dismissal, and that in any case he had been reinstated in service from the 30th of July, 1940, and the order of dismissal therefore was numberlonger operative, and the suit had thus become infructuous.
He also claimed a sum of Rs.
P. Sinha Nuruddin Ahmed, with him for the respondent.
CIVIL APPELATE JURISDICTION Civil Appeal No.
K. Daphtary, Solicitor General far India G. N. Joshi and Porus A. Mehta, with him for the appellant.
Finally, the letter referred to the award of Rs.
This was clearly companytrary to the 1 1947 F.C.R. 89.
On appeal the Deputy Inspector General of Police held that the respondent was guilty of companyardice but acquitted him of the other charge.
Further appeals by the respondent to the Inspector General of Police and to the Governor of Bihar were unsuccessful.
As regards the arrears of salary, it was held that the claim to it companyld only be made according to the procedure prescribed under rule 95 of section 4 of Chapter IV of Bihar and Orissa Service Code.
By an order dated the 23rd July, 1940, which was companymunicated to the respondent on the 29th of July, 1940, the Deputy Inspector General of Police having found him guilty of companyardice made an order dismissing him from service.
The Judgment of the Court was delivered by MAHAJAN G.I. This is an appeal by the State of Bihar against the judgment of the High Court of Judicature at Patna whereby the High Court passed a decree for arrears of salary of the respondent against the State from the 30th July, 1940, up to the date of the institution of the suit.
in Appeal from Appellate Decree No.
70 of 1952.
2091 of 1946.
In the year 1937 departmental proceedings were taken against him and he was found guilty of companyardice and of number preparing search lists and was punished by demotion for ten years.
February 11.
The undisputed facts of the case areThat the respondent was appointed a Sub Inspector of Police by the Inspector General of Police, Bihar and Orissa, in January, 1920.
By their Lordships direction a companyy of this letter was sent to the respondent.
