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1971 Supreme(Raj) 1

LODHA
State of Rajasthan – Appellant
Versus
Chander Singh – Respondent


Advocates Appeared:
S.N. Bhargava, Dy. Govt Advocate, for appellants; P.C. Mathur, for respondents

LODHA, J.—The suit out of which this second appeal arises was instituted by Shri Chander Singh, an Advocate of Bhilwara for Rs. 2000 on account of dama-ges for wrongful termination of his appointment as a Public Prosecutor on 15-5-1956 before the completion of the term of three years commencing from 1-1-1954 to 31-12-1956 for which he had been appointed. His case is that the defendant No. 2 Shri Purshottam Lal Sukhwal, who was the Collector and District Magistrate, Bhilwara was displeased with him and was favourably disposed to wards Shri Dalpat Singh, Advocate, also practising at Bhilwara and wanted to appoint Shri Dalpat Singh as Public Prosecutor in place of the plaintiff. It is alleged that Shri Sukhwal managed to get the plaintiffs appointment terminated by the Law Department, Government of Rajasthan and in pursuance of the orders issued by the latter, Shri Sukhwal directed the plaintiff to hand over the charge of his office as a Public Prosecutor to Shri Dalpat Singh with effect from 11-5-1956. The plaintiffs allegation is that Shri Sukhwal had managed to get his appointment as Public Prosecutor terminated before the expiry of his term on account of malice and ill will he bor























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