G.S.RAJADHYAKSHA, D.V.VYAS
Province of Bombay – Appellant
Versus
Madhukar Ganpat Nerlekar – Respondent
Vyas, J.
[1] These are two appeals arising out of civil suit No. 1483 of 1945 of the Court of the Civil Judge, Senior Division, Poona, One of them (No. 31 of 1948) is filed by the Province of Bombay and the other (NO. 62 of 1948) is filed by Madhukar Ganpat Nerlekar, a Sub-Inspector of Police, who was dismissed from Government service by the order of the Inspector-General of Police, Bombay, dated 12 11-1913, after departmental enquiry which was held by the District Superintendent of Police, Poona. The plaintiff has filed Suit No. 1483 of 1945 for recovering Rs. 48,475 by way of damages for wrongful dismissal from service, future interest at 6 per cent, on that amount and costs. In the alternative, ho has asked for a declaration that the order of his dismissal was void and inoperative in law and that he is entitled to be reinstated in service and receive the arrears of salary as if ho had not been dismissed from service.
[2] The plaintiffs contentions are that the enquiry which was conducted by the District Superintendent of Police, Poona, under orders of the Inspector-General of Police. Bombay, was illegal, unfair and unjust, that rules of natural justice were violated in the
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