JUDGMENT - (1) The Plaintiff who was a Sub-Inspector of Police filed this suit inter alia for declaration that the order dated 5-4-1952 removing him from the police force of the State of Bombay is void and inoperative and that he continues to be a member of police force and for arrears of salry on that footing.

(2) The main contention on which plaintiff prays for the aforesaid declation are contained in paragraphs 14(A) and 14(b) of the Plaint. The Plaintiff relies upon the provisions of Article 311(2) of the Constitution of India. The Plaintiff case is that he has not been given a reasonable opportunity of showing cause against the action proposed to be taken against him s required under the Article and that the show cause notice tendered to him was not in conformity with the provisions of the Articles

(3) The plaintiff contends that the Defendent did not give to the Plaintiff any opportunity of showing cause against the accuracy of the facts founds by the District Superintendent of Police in a departmental inquiry against the plaintiff. The second ground on which he plaintiff relies is that in January, 1952 when the show cause notice was tendered to the laintiff, in fact the plai

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