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1963 Supreme(SC) 204

K.SUBBA RAO, N.RAJAGOPALA AYYANGAR, K.N.WANCHOO, J.R.MUDHOLKAR, P.B.GAJENDRAGADKAR
State of Mysore – Appellant
Versus
K. Manohe Gowda – Respondent


Advocates:
B.R.G.K.Achar, C.K.DAFTARY, NAUNIT LAL, P.D.MENON, R.GOPAL KRISHNAN

Judgment

SUBBA RAO, J.: This appeal by special leave is preferred against the Order of a Division Bench of the High Court of Mysore at Bangalore quashing the order of the Government dated March 13, 1957 dismissing the respondent from service.

2. In the year 1957 the respondent was holding the post of an Assistant to the Additional Development Commissioner, Planning, Bangalore. On June 25, 1957, the Government of Mysore appointed Shri G. V. K. Rao, I.A.S., Additional Development Commissioner, as the Enquiry Officer to conduct a departmental enquiry against him in respect of the false claims for allowances and fabrication of vouchers to support them. After giving the usual notice, the said Enquiry Officer framed four charges against him. After making the necessary enquiry in accordance with law, the said Enquiry Officer submitted his report to the Government with the recommendation that the respondent might be reduced in rank. After considering the report of the Enquiry Officer, the Government issued to him a notice calling upon him to show cause why he should not be dismissed from service. The relevant part of the said show cause notice reads as follows:

"The Inquiring Authority has re

























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