Law: Civil Procedure Code (V of 1908)

Section: 181

Law: Government of India Act, (1935)

Section: 240(3)

Writ petition-Summary dismissal, on mistaken view of law-Review under O. XLVII, r. 1, Civil Procedure Code (v of 1908)-Error apparent on face of record--Supreme Court declaring law to the contrary-Review competent.   The petitioner who was a permanent Head Constable and had been acting as a Sub-Inspector of Police in a "clear vacancy" for an indefinite period, was reverted to his previous post for "grave misconduct" and "ignorance of police working", without being afforded an opportunity to show -cause against the action proposed to be taken against him. The petitioner sought relief by a writ petition which was dismissed at the preliminary hearing. Meanwhile, the Supreme Court in Nurul-Hasan v. The Federation of Pakistan [P L D 1956 S C (Pak.) 331] declared that the provisions of Article 181 of the Constitution must prevail unless there was actual repugnancy in the particular law relating to the Police. The petitioner, thereupon, applied for a review of the order of summary dismissal of his petition.   Held, granting the review, that this was not a question of alteration but of declaration of law by the Supreme Court, and as the High Court, in dismissing the writ petition at the preli minary hearing, had proceeded on a mistaken view of the law, which mistake was apparent on the face of the record, because the petitioner now relied on Article 181 of the Constitution, and the relevant Police rules were not repugnant to Article 181, the High Court was justified in setting aside the order of dismissal and admitting the main petition to a regular hearing.   Government of India Act, 1935, S.240 (3)--- Right conferred by, available to temporary police officers in subordinate ranks-Drawing up of proceedings against such temporary officers necessary.   Noorul Hassan and others v. The Federation of Pakistan P L D 1956 S C (Pak.) 331 ref.   Master and servant-Resignation by servant-What constitutes resignation-Must be unconditional and must indicate an intention to relinquish remaining term of employment -Resignation "under protest" is resignation.   "Resignation is the act of giving up. It is the…