JUDGMENT

J.S. Trivedi, J. - This defendants' Second Civil Appeal is directed against the judgment and decree of the District Judge, Hardoi allowing the appeal and decreeing the plaintiff's suit for the relief sought in the plaint which are that the plaintiff is still a permanent Government servant and the order of dismissal is illegal, void and inoperative. The relief for injunction directing the defendants to reinstate the plaintiff was also granted. The plaintiff-respondent was a permanent employee of the U.P. Government working in the Police Department as a Constable since 1944 and in the year 1954, he was posted at Out-post Kurha, P.S. Harpalpur, Kotwali Fatehgarh. On the morning of 18-2-1954 Constable Nazir Ahmad, plaintiff-respondent lodged a report at P. S. Kotwali, Fategarh that when he was returning the previous evening at 18-30 hours from Gangaghat, he received information that one person was carrying unauthorised arm in his jhola. He, therefore, took one Shyam Lal, son of Ram Swarup and Bhikham, son of Pritam with him and searched the said person and illicit country-made pistol and some cartridges were recovered by him. Just then, Netthu, Bhurji and others arrived on the spot, caught hold of him and took him into the village where he was tied up with rassis and was rescued by Constable Tribhunan Singh and Surja Baksh to whom information was carried by Shyam Lal. The same morning i.e. on 18-2-1954 another report was made by Sheo Baran Lal of village Salempur to the Superintendent of Police complaining against plaintiff-respondent Nazir Ahmad. According to Sheo Baran Lal, Nazir Ahmad and others had entered his house and snatched a box containing cash from him. The Superintendent of Police immediately proceeded to village Salempur to make a spot enquiry and found that both the versions were incorrect. He recommended disciplinary proceedings against Nazir Ahmad for making a false report. Nazir Ahmad was thereafter put under suspension and transferred to Hardoi for his departmental trial by order of the D.I.G. Police dated 24th April 1954. The following two charges were framed against Nazir Ahmad and he was departmentally tried in respect of the aforesaid two charges. The two charges framed were :

(1) On 17-2-1954 while stationed at O. P. Kurha P. S. Harpalpur on behalf of Kotwali, Fatehgarh proceeded to village Salempur, P. S. Rajeypur to make investigation into a case of theft of property belonging to Rati Ram of Salempur without any authority to do so and,

(2) He recorded G. D. No. 33 of 17/18-2-1954 at P. S. Fatehgarh containing an entirely false report of his alleged checking of a bag suspected to contain illicit firearm.

Both the charges were found duly established and the Superintendent of Police recommended his dismissal from service. In the departmental appeal, the D.I.G. Police absolved him of charge No. 1 but held that charge No. 2 was duly proved. The punishment of dismissal recommended by the Superintendent of Police was, however, maintained. The departmental revision filed by the plaintiff-respondent was also dismissed. The suit out of which this appeal arises was then filed after due notice. The contention of the plaintiff-respondent had been that the incidents of 18-2-1954 being in the nature of a cognizable offence, no departmental proceedings could be started against the plaintiff-respondent without first dealing under Chapter 14 Cr.P.C.

2. The trial Court dismissed the plaintiff's suit holding that the charges being in the nature of non-cognizable offences, departmental action in respect of the same was not improper. The lower appellate Court allowed the appeal holding that the incidents alleged by the parties were in the nature of cognizable offences and, therefore, departmental proceedings against the plaintiff-respondent were not competent without proceeding under Para 486 (1) of the Police Regulations, hence this second Civil Appeal.

3. Learned counsel for the appellant has contended that the charges