THE SUPERINTENDENT OF POLICE, CACHAR AND ORS. Vs. ABDUL RASHID

JUDGEMENT

(1.) THIS is a second appeal by the defendants who lost in both the Courts below.

(2.) THE respondent Abdul Rashid filed the suit against the appellants namely (1) the Superintendent of Police, Dist. Cachar (2) the Deputy Commissioner, Cachar and (3) Secretary to the Government of India, Ministry of Home Affairs (appellants 1 to 3 herein) for a declaration that he is an Indian citizen and for a perpetual injunction restraining them and their agents from deporting him from India and also from removing him from the post of Jail Warder. The facts necessary for the purpose of disposal of this appeal may be stated in brief as below.

(3.) THE appellants contested the suit by filing two separate written statements - - one purported to be on behalf of the State of Assam and others, signed and verified by the Deputy Commissioner, Cachar, and the other purported to be on behalf of the Union of India, signed and verified by the Under Secretary to the Government of India, Ministry of Home Affairs. The suit was resisted on various grounds both on facts and law. On facts their case was that the respondent was serving as a Constable No. 299 in the police department in Cachar. Under Assam Government Order No. SS. 11/94 dated 6th December, 1947 conveyed under I. G. P.'s. Memo No. 25493 -506/ IV -A/62 -47, dated 23rd December, 1947, he was released from service with effect from 31st December, 1947 vide Cachar District Order No. 2255 dated 31st December, 1947, as he opted to serve in Pakistan, but in the year 1949 he left his service in East Pakistan and came to India and since then he has been residing illegally at Tikarbasti in Silchar town. It was further alleged that in the year 1952 the respondent by concealing his police service as constable in Cachar and his service in Pakistan, enlisted himself as Jail Warder in the District Jail, Silchar.