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1958 Supreme(Mad) 70

BALAKRISHNA AYYAR, RAMACHANDRA.IYER, RAJAGOPALAN
Collector of South Arcot – Appellant
Versus
An Advocate, Cuddalore – Respondent


Advocates:
The Advocate-General (V. K. Tiruvenkatachari) on notice issued to the Advocate.
The Additional Government Pleader (K. Veeraswami) on behalf of the Petitioner.
M. S. Venkatarama Ayyar and K. Kalyanasundaram on behalf of the Respondent.

Ramachandra Ayyar, J.—The respondent is an advocate practising at Cuddalore South Arcot District. He was appointed to the office of the Public Prosecutor for a period of three years from 1952 and in February, 1955, his term was extended for a further term of three years. In the year 1956 certain differences arose between the respondent and the Collector of the District. The respondent appears to have felt that by an unwarranted interpretation of the Rules the fees for the work done by him was reduced, and on 9th August, 1956, he tendered the resignation of his office. The resignation was accepted by the Government in G.O. No. 2585, Home, dated 13th September, 1956, with effect from 9th August, 1956.

While the respondent was in office as Public Prosecutor the Deputy Registrar of Co-operative Societies (Prosecution) consulted him on 7th September, 1955, on the advisability of launching a prosecution against certain office-bearers of the Srimushnam Co-operative Society for alleged defalcation. Records relating to the alleged misappropriation of the society’s funds were placed before the respondent who gave a written opinion advising a complaint to the police for investigation and prose






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