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1973 Supreme(SC) 84

J.M.SHELAT, Y.V.CHANDRACHUD
Jagdish Narain Maltiar – Appellant
Versus
State Of Bihar – Respondent


FJudgment

CHANDRACHUD, J.:- This appeal is founded on a certificate granted by the Patna High Court under Article 133 (1) (a) of the Constitution.

2. The appellant was appointed as a Supply Inspector in 1948. In 1957, while he was in charge of the Wagerganj Godown a complaint of bribery was made against him. An inquiry was held into that complaint but eventually the appellant was removed from service by an order dated September 16, 1958.

3. On September 28, 1958 the appellant filed Writ Petition No. 87 of 1960 (1958?) in the Patna High Court but that Petition was dismissed on 21-1-1960 presumably because a statement was made on behalf of the State Government that the appellant was not removed for misconduct but his services being temporary were terminated by a simple order of discharge.

4. The appellant thereafter made a representation to the Government asking that his case be reviewed and that he be paid gratuity. In reply it was stated by the Government that the claim for gratuity could not be entertained in view of the fact that the appellant s services were terminated for gross misconduct.

5. The appellant thereafter submitted further memorials to the Government and on September 23,







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