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1963 Supreme(Guj) 6

V.B.RAJU
State of Bombay (Now State of Gujarat) – Appellant
Versus
Amarsinh Raval – Respondent


Advocates:
B.R. Sompura, Asstt. Govt. Pleader, for Appellant; M.B. Sinroza with K.M. Chhaya, for Respondent.

JUDGMENT :- The respondent, who was the plaintiff, filed a suit against the States of Bombay for a declaration that the order dismissing him from service as a Deputy Superintendent of Police was illegal, null and void and for consequential reliefs and also to recover Rs. 4300/- by way of arrears of salary etc., upto May, 1954. He also prayed for salary and other allowances upto the date of reinstatement and for other reliefs. The first Court granted a decree on the ground that no reasonable opportunity was given to the plaintiff as required by Article 311 of the Constitution. The plaintiffs suit was substantially decreed and almost all the reliefs were awarded. In first appeal, the District Judge, Jamnagar, confirmed this decree of the trial Court. In this second appeal it is urged by the State of Gujarat, which has taken the place of the State of Bombay who was the original defendant, that reasonable opportunity has been given.

2. In the course of the arguments various contentions have been urged regarding the interpretation of Art. 311 of the Constitution and various rulings have been cited. Article 311 of the Constitution, so far as relevant, reads as follows :

"(1) No person who








































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