O.H.Mootham, C.J. - (1.) This is an appeal from an order of Mr. Justice Chaturvedi dated the 7th February, 1957, dismissing a petition under Article 226 of the Constitution. On the 22nd October, 1955 the appellant who was a police constable, was served with a charge sheet under Section 7 of the Police Act in which it was alleged that he had been remiss in the discharge of his duties as a police officer and unfit for the same in that he had committed certain acts of misconduct, particulars of which were specified in the charge. The Deputy Superintendent of Police, who conducted the inquiry found the charges to be established, and by an, order dated the 22nd May, 1956 he dismissed the appellant from police force. The appellant then appealed to the Inspector General of Police. Northern Range, Bareilly, but his appeal was dismissed by an order dated the 12th October, 1956. The appellant then filed a petition in this Court in which he questioned the validity of the order dismissing him from service on a number of grounds. That petition was dismissed by Mr. Justice Chaturvedi by the order which is the subject of the present appeal.
(2.) One point only has been argued on behalf of the appellant. It is that as the acts of misconduct which formed the basis of the charge against the appellant under Section 7 of the Police Act were committed by him more than three months prior to the date upon which he was served with the charge sheet, a departmental trial under Section 7 of the Act was barred by Section 42 of that Act. This contention was raised before the learned Judge and was rejected by him. Mr. Justice Mehrotra in Mohammad Hanif Ashan Ullah Khan v. The Deputy Superintendent of Police, Mirzapur, AIR 1957 All 634 (A), has also held that the provision of Section 42 of the Police Act have no application to a departmental trial under Section 7 of that Act. With that view we are, with respect, in entire agreement.
(3.) Section 42 of the Police Act provides that all actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police powers given thereby, shall be commenced within three months after the act complained of shall have been committed. It is not suggested that the proceedings against the appellant amount to a prosecution, but it is argued that such proceedings are included within the word actions as used in this section. We, however, agree with Mr. Justice Chaturvedi that the word actions as used in this section means a civil suit That that is so is, in our opinion made clear by the second paragraph of Section 42 the opening words of which are ''No plaintiff shall recover in any such action if tender of sufficient amends shall have been made ..... "It is further to be observed that Section 42 must be read in conjunction with the first schedule to the Indian Limitation Act of 1871, which provides that: "So much of Section 42"--that is of the Police Act --"as relates to the limitation of suits is repealed." As a consequence of this repeal it was held in, Mohamed Sharif v. Nasir All, AIR 1930 All 742 (B), that after the coming into force of the Indian Limitation Act of 1871 the period of limitation for suits (which before that Act came into force would have fallen within the ambit of Section 42) is governed by the Indian Limitation Act and not by that section.;