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1957 Supreme(Bom) 192

J.R.MUDHOLKAR, Y.S.TAMBE
Dadarao Shegoji Tidke – Appellant
Versus
State of Madhya Pradesh and Anr – Respondent


Judgment -

1. This is an appeal under the Letters Patent from an order of Mr. Justice Bhutt, in Miscellaneous Petition No. 252 of 1954, dismissing the appellants Petition under Article 226 of the Constitution.

2. The appellant was a probationary Naito Tahsildar in the service of the State of Madhya Pradesh. On 29-2-1955 he was served with a copy of certain charges against him and was asked to show cause why disciplinary action should not be taken against him. He submitted his explanation in writing and he also asked for a hearing in person.

3. A departmental enquiry was then held against the appellant by the Deputy Commissioner, Amraoti. During the course of that enquiry, the appellant asked for inspection of certain records to which reference had been made in the charge sheet. He was allowed inspection of all the records except two. Further according to him, he was not given a hearing in person even though he had asked for and was entitled to it under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules.

4. After the completion of the departmental enquiry, the Deputy Commissioner submitted his report to the Government. Thereupon, a notice in the following terms


















































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