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1970 Supreme(SC) 438

A. N. RAY, M. HIDAYATULLAH
Channabasappa Basappa Happali – Appellant
Versus
State Of Mysore – Respondent


Advocates:
A.G.Ratnaparkhi, S.P.NAIR, S.S.JAVALI, SHYAMALA PAPPU

Judgment

HIDAYATULLAH, C.J.I. :- The appellant files his appeal by special leave against the judgment of the learned Single Judge of the Mysore High Court, February 25, 1966 by which the appeal of the State Government in a civil matter was allowed and the order of dismissal of the appellant who is a former Police constable was confirmed. His cross-objection was dismissed.

2. The appellant was a Police constable serving in the Dharwar District. He joined the Police force on August 1, 1945 in the former State of Bombay. On the States reorganisation, he came under the jurisdiction of the State of Mysore and it was on November 26, 1953 that he was dismissed after a departmental enquiry against him on the following facts. The petitioner had proceeded on leave for a month from January 1, 1953. On January 26, 1953 he applied for extension of leave for a month. A reply was received by him refusing leave, but only on February 21, 1953. He made a second application for extension of leave on the same date, but this extension of leave was not granted. On February 26. 1953 he undertook a 7 days fast at a temple situated three miles from Dharwar and wrote letters to his superior officers to which
















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