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1957 Supreme(Pat) 93

RAJ KISHORE PRASAD, V.RAMASWAMI
In Re – Appellant
Versus
Chairman, District Board – Respondent


Judgment

Raj Kishore Prasad, J.

1. The petitioner, Rangnath Misra, has moved this Court, under Articles 226 and 227 of the Constitution, and, obtained a rule against the Chairman, District Board, Saharsa, who is the sole opposite party to this case, to show cause why an appropriate writ should not be issued to call up and quash his order dated 21-10-1955, which is Annexure C to the affidavit of the petitioner, dispensing with his services with effect from 22-10-1955.

2. This opposite party has shown cause against the rule through the Advocate General, and, also filed a counter affidavit.

3. The petitioner was appointed a clerk in the District Board of Bhagalpur on 19-3-1926. In July, 1948, on the Constitution of a District Board at Saharsa, the services were transferred there. He continued to serve thereafter as a clerk in the Saharsa District Board. On 30-7-1955, he received a letter from the opposite party calling upon him to explain within three days several charges mentioned therein. This letter, which is Annexure A, is to the following effect:

"As desired by the Government you are directed to explain the following charges within three days from the date of receipt of this lette





































































































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