- (1.) THIS is an appeal by a plaintiff whose suit was dismissed by the trial Court on two grounds, namely (1) on the ground of limitation: and (2) on the ground that the money which was in the nature, of arrears of salary was not recoverable.
(2.) THE facts giving rise to this litigation briefly stated were these -- the plaintiff, Dwarka Prasad, was appointed a Junior Assistant Registrar, Co-operative Societies, on 15-10-1921. After serving for some years he got into trouble with the result that he was dismised on 4-9-1939 by an order of the Registrar. He preferred an appeal to the Governor, who, by his order of 3-5-1940 set aside the earlier order of dismissal of Dwarka Prasad, the plaintiff. This is what was said in the order namely "babu Dwarka Prasad will now be treated as under suspension with effect from the date of his removal till such time as Government pass orders in this matter. During the period of his suspension he will draw subsistence allowance equal to 1/6th of his pay. " Subsequent to the aforesaid order other proceedings were taken, and the Governor finally made the order of dismissal of the plaintiff on 23-8-1941. The plaintiff made certain petitions to the governor for a reconsideration of his case but these petitions proved abortive and his dismissal remained effective.
(3.) ON 2-5-1944 the plaintiff gave notice to the Government under Section 80, Criminal P. C. , for filing a suit against the Government for wrongful dismissal and also claiming therein such salaries as would be payable to him in respect of the wrongful dismissal. On 11-7-1944 a petition in 'forma pauperis' was filed by the plaintiff accompanied with the proposed plaint. On 16-12-1944 the Court permitted the plaintiff to sue in 'forma pauperis' and his plaint was registered as such on that date.;