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1936 Supreme(SC) 66

LORD ROCHE, SIR SHADI LAL, SIR GEORGE RANKIN
R. VENKATA RAO – Appellant
Versus
SECRETARY OF STATE FOR INDIA IN COUNCIL – Respondent


Advocates:
Solicitor for appellant:G. K. Kannepalli. Solicitor for respondent: Solicitor, India Office.

Judgement

Appeal (No. 15 of 1936), in forma pauperis, by special leave, from a decree of the High Court in its appellate jurisdiction (December 19, 1933), affirming a decree of the High Court in its original jurisdiction (August 26, 1930). The appellant, R. Venkata Rao, was a reader in the Government Press, Madras, holding a permanent and pensionable post. In May, 1924, he was under suspicion in connection with the leakage of pleadership examination papers. On September 22, 1924, he was dismissed from the service. On December 17, 1927, he brought the present action against the respondent, the Secretary of State for India in Council, pleading his innocence, and alleging that he had been dismissed without the inquiry prescribed by r. XIV. of the Civil Services Classification Rules, made under s. 96B of the Government of India Act, and claiming Rs. 15,000 as damages for wrongful dismissal. The defendant pleaded that the relevant statutory rules had been substantially complied with ; that he was entitled to dismiss his servants at pleasure ; and that the Court had no jurisdiction to entertain the suit.

The facts, and the relevant statutory provisions and rules appear from the judgment

























































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