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1954 Supreme(All) 32

KIDWAI, RANDHIR SINGH
Mewa Ram Ram Charan – Appellant
Versus
United Provinces – Respondent


Advocates:
R.B. Lal, Harish Chandra and R.B. Chaudhari, for Appellant; B.K. Dhaon, for Respondent.

Judgement

RANDHIR SINGH, J. :- This is a plaintiffs appeal arising out of a suit for a declaration that the order of dismissal passed against him by the Inspector General of Police was wrongful, illegal and ultra vires and for a decree for damages to the extent of Rs. 14,000/-. An alternative prayer asking for a decree for Rs. 2,653/8/- on account of arrears of salary together with station allowance had also been asked for in case the order of dismissal against the plaintiff was held to be ultra vires and void.

2. The plaintiff was a Sub-Inspector of Police in U.P., having been appointed by the Inspector General of Police in the year 1921. He was posted at police station Payagpur in 1943 and was suddenly transferred to police station Sujauli on 24-3-1944. Some confidential enquiry was made against him presumably on receipt of some information by the Superintendent of Police. On 17-4-1944 an order of suspension of the plaintiff was passed by the Superintendent of Police and this order was served on the plaintiff on 20-4-1944. He was ordered to hand over charge and to report his arrival at the police lines which he did on 22-4-1944. A departmental-trial under S. 7 of the Police Act fol


























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