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1962 Supreme(SC) 303

J. C. SHAH, P. B. GAJENDRAGADKAR, K. C. DAS GUPTA, B. P. SINHA, K. N. WANCHOO
Union Territory Of Tripura – Appellant
Versus
Gopal Chandra Dutta Choudhuri – Respondent


Advocates:
D.P.Singh, P.P.Menon, R.Ganapathy Iyer, RAMAMURTHI

Judgment

SHAH, J. : This is appeal with a certificate granted by the Judicial Commissioner of Tripura under Art. 132 (1) of the Constitution.

2. Gopal Chandra Dutta Choudhury hereinafter referred to as the respondent was appointed a constable in the Police force of Tripura by the Superintendent of Police Agartala by order dated April 18, 1954. The employment was temporary and was liable to be terminated with one month s notice, on December 6, 1957 the Superintendent of Police, acting under R.5 of the Central Services(Temporary Service) Rules, 1949, informed the respondent that his services "will be terminated with effect from January 6, 1958 A.M." The respondent presented an appeal to the Chief Commissioner against the order of termination. By letter dated April 11, 1958 the respondent was informed that as he was " an Ex-convict for theft, nothing can be done for him". In reply to another application addressed to the Chief Commissioner the respondent was informed by letter dated may 26, 1958 that he was already informed in connection with his previous appeal that as he was " an ax-convict in a case of theft he "cannot be re employed by the Administration"

3. The respondent then fil














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