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1969 Supreme(SC) 476

J.C.SHAH, K.S.HEGDE
State Of U. P. – Appellant
Versus
Om Prakash Gupta – Respondent


Advocates:
For the Appellant :Abhinav Sharma, Advocate
For the Respondents: Ravinder Sharma, A.A.G.

Judgment

HEGDE, J. : The respondent Om Prakash Gupta was successful in the U. P. Civil Service (Executive) Competition held in 1940. He joined the service on June 20, 1940. Thereafter he was confirmed in due course. After serving in some districts in U. P. he was posted to Lakhimpur Kheri in July, 1944. He joined there as S. D. O. on July 20, 1944. On the basis of a report submitted by his Deputy Commissioner on August 20, 1944, the Government placed him under suspension on August 23, 1944. Mr. Bishop, the Commissioner, Lucknow Division was appointed as the enquiry officer to enquire into the allegations made against the respondent. He framed the following four charges against him.

(1) That on or about August 15, 1944, one Mst. Jamila was presented before you in Court by the police under a warrant under Section 100, Cr. P. C. You did not decide the case on the 15th August but postponed it to the 19th August 1944 making over the girl to the custody of one Hafiz Habib Beg. On 17th of August you sent for Mst. Jamila from the house of Hafiz Habib Beg at about 7 p.m. through your orderly Jangu Khan and detained the girl at your house for immoral purposes. Next morning the girl expressed a











































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