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1995 Supreme(Pat) 540

NAGENDRA RAI
Kalika Prasad Roy – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Ganga Prasad Roy, Ras Bihari Thakur, Prabhat Kr. Singh.
For the Respondents: Standing Counsel No. IV

JUDGMENT

Nagendra Rai, J. - Heard the parties.

2. The application is being disposed of at the stage of admission itself.

3. The petitioner has filed the present application for quashing the orders of suspension as well as initiation of the departmental proceeding against him for breach of rules 6 (4) and 16 (iii) of the Bihar Government Servant's Conduct Rules, 1976 (hereinafter referred to as the Rules). A copy of the suspension order and the memo of charge served upon the petitioner have been annexed as Annexures 1 & 2 respectively.

4. The petitioner at the relevant time was Assistant Teacher in Janta High School, Tenuaj, district Rohtas at Sasaram. According to the petitioner he is an agriculturist and he has especial interest in the same. He filed nomination papers for election as member from the Agriculture Constituency of Natwar Agriculture Produce Market Committee on 7th June, 1994 which was accepted as valid. According to him the market committee is not a political organisation and it is a committee constituted under the Bihar Agriculture Produce Markets Act, 1960 (hereinafter referred to as the Act). Section 10 of the Act contains provision regarding disqualification of the me











































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