Decided on March 12,1993

STATE OF JANDK Respondents


KAUL, J. - (1.)THE appellant, Gurcharan singh, (hereinafter referred to as the plaintiff) filed a Civil Suit in this Court in the Forma Pauperis for declaring the order of his dismissal passed on 21 -7 -1972 under No 55 - GR of 1972 by the Secretary to Government General Department, J & K in the name of the Governor of Jammu & Kashmir, was illegal, unconstitutional and invalid, and. therefore, prayed for a mandatory injunction directing the State of Jammu and Kashmir (hereinafter referred to as the Defendant), to reinstate him and pay him the outstanding salary due to him or in the alternative for payment of arrears amounting to Rs. 35,216/ -with effect from 1 -5 -1966 to 20 -7 -1972.
(2.)ON the trial of the case, the order of dismissal was found to have been passed by the Governor strictly in accordance with the provisions of the Constitution and. therefore; it was held that the order passed by the Governor is, in no manner, illegal, unconstitutional, invalid or mala fide. However, the plaintiffs suit was decreed and he was held entitled to full salary with effect from 1 -5 -1966 to 6 -11 -66 and subsistence allowance from 7 -11 -1966 to 20 -7 -1972.
(3.)AGGRIEVED of the said judgment and decree of the learned Single Judge dated 4 -2 -1987 the present Civil First Appeal has been preferred by the Plaintiff/appellant and the same has arisen from the facts of the case, which are shortly enumerated as below:
That the plaintiff got appointed as Assistant Sub, Inspector (Technical) in the Jammu and Kashmir Police on 17 -7 -1962 against a clear vacancy and was promoted as Sub Inspector (Technical) in 1964. Later on, while on duty at Police Lines, Jammu, the plaintiff was arrested under the provisions of Rule 31 (b) of the Defence of India Rules 1962 and placed under suspense. He filed writ petition no. 70 of 1967 before the Honble Supreme Court of India challenging his detention. The petition was allowed and his detention was held to be illegal and unconstitutional On his release, the plaintiff reported for duty to the Inspector General of Police J & K but he did not allow him to join the duties and instead was informed that he had been placed under suspension The case of the plaintiff was that despite the order of suspension he was not served with any charge sheet and no enquiry was held against him. He made many representations to the defendant for his reinstatement but nobody came forward to respond it. He also moved a number of applications before the concerned officers of the Defendant, under whom he was working, for subsistance allowance during the period of his suspension pending enquiry, but that too was not done. He was ultimately forced to prefer a writ petition before this court and the defendant instead of holding any enquiry as per the order of this court passed the above -mentioned order on.54 -GR of 1972 dated 21 -7 -1972, by virtue of which the plaintiff was dismissed from service with immediate effect. It was contended that such an order was not passed by the Governor of the State, nor he applied his mind to it which makes the impugned order illegal, unconstitutional, invalid and mala fide.

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