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1975 Supreme(SC) 156

A.C.GUPTA, R.S.SARKARIA
State Of Punjab – Appellant
Versus
Prakash Singh Cheema – Respondent


Advocates:
Bishambar Lal Khanna, G.S.Vohra, K.J.JOHN, O.P.Sharma, P.C.BHARTARI, S.C.GUPTA

Judgment

A.C.GUPTA, J.: - The respondent was a temporary Tax Sub-Inspector in Excise and Taxation Department of the erstwhile Patiala and East Punjab States Union. On the formation of the State of Punjab he continued in service in the new State. A charge was framed against the respondent by the Vigilance Department, Government of Punjab in which the respondent was accused of dereliction of duty and gross negligence. The memorandum accompanying the charge-sheet informed the respondent that action under Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, l952 was proposed to be taken against him and he was asked to state in writing within three weeks from the receipt of the memorandum whether he admitted the truth of all or any of the charges and what explanation or defence if any he had to offer and whether he desired to be heard in person. The respondent filed his written statement replying to the charges. Thereafter by a communication dated May 28, 1963, addressed to the respondent the Excise and Taxation Commissioner, Punjab terminated his services by giving him one month s notice. On receipt of this order the respondent made a representation to the then Chief Minis





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