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1955 Supreme(Mad) 14

RAJAGOPALAN
K. Sethumadhava Rao – Appellant
Versus
Collector of South Arcot District, Cuddalore – Respondent


Advocates:
R. Ramamurthi Ayyar for Petitioner.
The Special Government Pleader (V.V. Raghavan) for Respondent.
The Advocate-General (V.K. Thiruvenkatachari) for the State.

Order.-The petitioner was a Taluk Head Accountant in the Revenue Subordinate Service in South Arcot District. He was also the President of the NonGazetted Officers’ Association, Tindivanam. The petitioner was charged with contravention of rule 6 of the Government Servants Conduct Rules framed by the Government of Madras. The petitioner admitted the truth of the charge, that, while he was employed as a Taluk Head Accountant at Tindivanam, he sold tickets for a dramatic performance held on 5th June, 1952 and helped to collect funds for his Association, without obtaining the permission required by rule 6 of the Government Servants Conduct Rules. The Collector punished the petitioner by ordering a temporary reduction in rank for a period of three months. It was the validity of that order that the petitioner challenged in his application under Article 226 of the Constitution for the issue of a writ of certiorari.

The contention of the petitioner, that the procedure adopted by the Collector was in contravention of Article 320(3)(c) of the Constitution, has no substance. Artice 320(3)(c) requires that the State Public Service Commission shall be consulted on all disciplinary matters affect

































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