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1969 Supreme(SC) 409

K.S.HEGDE, J.C.SHAH
MOHD. KUTUBBUDDIN – Appellant
Versus
State Of A. P. – Respondent


Judgment

HEGDE,, J.

( 1 ) THIS is a plaintiffs appeal by certificate. It directed against the decision of the High court of Andhra Pradesh in C. C. C. A. No. 39 and 59 of 1960 by that judgment the High court substantially modified the decree of the trial court.

( 2 ) THE plaintiff was a member of the erstwhile Hyderabad Civil Service. He joined service on 20/07/1933. He was subsequently promoted as Deputy Collector and confirmed in that post on 16/09/1943. On 24/03/1946, he was declared substantive Collector. On 3/03/1947, he was transferred as Deputy Commissioner of Customs. On 16/10/1949, he was placed under suspension on the basis of some "report made by his superior and thereafter he was served with a charge-sheet on 8/11/1949. During the period of his suspension he was granted subsistence allowance according to rules. On receiving the enquiry report from the Board of Revenue, the government called upon the plaintiff to show cause why he should not be made to retire on proportionate pension. He duly submitted his explanation. After considering the same, the government by its notification dated 15/03/1952, retired him from service with effect from 29/04/1952 on proportionate pensi















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