Amanat Hussain And Anr vs Sahida Begum And Ors on 29 July, 2015
"9. ...................We may examine the case in detail. The respondent in
that case was dismissed from service on 22 December, 1945. His appeal
against that order was dismissed by the Provincial Government, Central
Provinces and Berar on 9 April, 1947. He brought the suit on 8 December,
1952 on allegation that the order of dismissal was contrary to the para 241
of the Central Provinces and Berar Police Regulations and as such contrary
to law and void, and prayed for recovery of Rs. 4724/5/- on account of his
RSA 193/2004
with RSA 194/2004
13
pay and dearness allowances as sub-inspector of Police for the three years
immediately preceding the date of the institution of the suit. The suit was
decreed and in the appeal before the Supreme Court, it was urged that even
if the order of dismissal was contrary to the provisions of law, the dismissal
remained valid until and unless it is set aside and no relief in respect of
salary could be granted when the time for obtaining an order setting aside
the order of dismissal had elapsed. It was observed: