Law: Government of India Act, 1935

Section: S. 240 (3)

(a) Government of India Act (1935), S. 240 (3)-Not applic able to officer of subordinate rank of Police force.   F. A. No. 131 of 1956 and S. A. No. 626 of 1955 (unreported) ref.   Bengal Police Regulation (1943), Rule 861, cl. ('e)-Paris. 2 and 3 not in conflict-Para. 2 empowers competent authority to pass final order of dismissal after giving personal hearing to delin quent-Words "provisional decision" and "being proceeded against" in para. 3-Refer to opportunity to show cause before inquiry is completed and final order passed.   Noorul Hasan and others v. Federation of Pakistan P L D 1956 S C (Pak) 331 ref.   Specific Relief Act (I of 1877), S. 42-Deelaratory suit without prayer of consequential relief-Maintainable-Grant of declaration-Discretionary.   I. M. Lal's case P L D 1948 P C 150 and Habib Khan v. Federation of Pakistan P L D 1954 Sind 199 ref. JUDGMENT   IDRIS, J.-This appeal at the instance of the defendant, the Province of East Pakistan, is directed against the decision of the Subordinate Judge, 4th Court, Dacca, in a suit for declaration that the order of dismissal of the plaintiff from service is illegal, void and inoperative and that the plaintiff still holds office as a Sub-Inspector of Police.   In 1944 plaintiff was appointed as a Sub-Inspector of Police. In July 1952, he wasOfficer-in-Charge of Sutrapur Police Station. On the 17th of July 1952, he searched the house of one Samartajan Bibi, wife of one Md. Hashem, at 41, Dinanath Sen Road, found some live-cartridges and one licence for a pistol in their illegal possession, arrested them and subsequently released them on bail. Md. Hashem was released on the surety of his wife Samartajan Bibi. As there was allegation of illegal extortion against the plaintiff relating to the arrest and release of the accused the then Circle Inspector of Police made inquiry into the matter and on 25-7-52 submitted a report to the Superin tendent of Police, Dacca, against the plaintiff and Abdul Hye, Assistant Sub-Inspector of Police, to the effect that plaintiff released Samartajan Bibi and her husband on taking Rs. 500 as bribe from Samartajan…