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1954 Supreme(Pat) 13

CHOUDHARY, V.RAMASWAMI
Mahadev Prasad Roy – Appellant
Versus
S. N. Chatterjee – Respondent


Judgment

Ramaswami, J.

1. In this case the petitioner Mahadev Prasad Roy has moved this Court for a writ in the nature of certiorari to quash the order of respondent No. 1, Mr. S.N. Chatterjee, Deputy Superintendent of the Bihar Government Press, dated 16-9-1953, dismissing the petitioner from service.

2. The petitioner was appointed as a lino-operator in the Government Printing Press, Gul-zarbagh, on 16-7-1928. The appointment was made by the Superintendent of the Government Printing Press. The petitioner was confirmed in service in 1931. He was promoted to be a lino-foreman in 1942. On 2-10-1951 the Deputy superintendent started proceedings against the petitioner on the allegation that the petitioner committed theft of lino-metal. A report was made to the police by one Lachminarain Lal, an employee of the Press, based upon the same facts. The police submitted charge-sheet against the petitioner under Sec.381, Penal Code. The case was tried before Mr. S.P. Varma, Judicial Magistrate. The defence of the petitioner was that the metal was planted upon him and the allegation of theft was false. By his judgment dated 26-3-1952 the Magistrate acquitted the petitioner of the charge.

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