TMI Blog1982 (1) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... h Nov., 1969 of the High Court of Allahabad in Second Appeal No. 2226 of 1969. 2. The plaintiff Mohd. Sharif (since deceased) was working as a Head Constable of the Daksiti Guard at P.S. Kakwan District Kanpur. On 22nd Jan., 1955 he was served with a charge-sheet under Section 7 of the Police Act calling upon him to submit his explanation thereto; he submitted the explanation on the following d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst him was vague, that the plaintiff was prejudiced in his defence and was not given a reasonable opportunity to defend himself during the inquiry. The appeal Court set aside the dismissal by de-daring the same to be illegal and void but the matter was remanded back in respect of the relief pertaining to salary etc. The State preferred a second appeal and the High Court has confirmed the decree p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing advantage of his service and sank, were not mentioned. Not only were these particulars with regard to date and time of the incident not given but even the location of the incident in the vast forest was not indicated with sufficient particularity. In the absence of these plaintiff was obviously prejudiced in the matter of his defence at the inquiry. Secondly, it was not disputed before us that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is difficult to accept the contention urged by the counsel for the appellant that the view taken by the trial Court should be accepted by us. We are satisfied that the dismissal order hat been rightly held to be illegal, void and inoperative. Since the plaintiff has died during the pendency of the proceedings the only relief that would be available to the legal heirs of the deceased is the paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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