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1959 Supreme(AP) 167

M.SESHACHALAPATI
In Re: V. S. Hariharan – Appellant
Versus
. – Respondent


M. SESHACHALAPATI, J.

( 1 ) THIS is a petition filed under Article 226 of the Constitution of India for the issue of a writ of certiorari to the respondent, the Managing Director, Hindustan Shipyard Ltd. , Visakhapatnam, and to quash his order PD/36/26 dated 30-6-1959.

( 2 ) THE petitioner was employed in the respondent-company as a Superintendent of the Stores from 6-11-52 till 30-6-59. In 1955 there were certain shortages in the stores and suspicion fell on the petitioner. He was placed under suspension and charges were framed against him with a view to take disciplinary action. He submitted his explanation. But before any final orders were passed on that enquiry the matter was entrusted to the police, who arrested the petitioner and registered the case against him under Section 420 I. P. C. (C. C. No. 287 of 1957 ). After trial the criminal case was decided in favour of the petitioner and he was acquitted on 9-3-1959. Thereafter, the petitioner requested the respondent-company to reinstate him in service. On 29-6-1959 the Managing Director of the respondent-company notified to the petitioner that he should report himself to duty at 9-45 a. m. on 30-6-1959. After he reported himse














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