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1960 Supreme(All) 90

B.N.NIGAM
C. S. SHARMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.C.KHARE

B. N. NIGAM, J.


( 1 ) C. S. Sharma has filed this petition praying for a writ of certiorari quashing the order of his dismissal.

( 2 ) THE petitioner alleges that he- was appointed Sales Tax Officer on 25-1-1949. In that capacity he was posted at Hathras from April 1950 to September 1952. During the month of November 1952 an ex parte enquiry was started by the Assistant Commissioner Sales Tax against the petitioner and on 18-2-1953 the petitioner was suspended. A charge-sheet was served on the petitioner on 8th July, 1953. He gave an application (annexure 8) on July 10, 1953 asking for an inspection of the evidence against him. By annexure 9 dated July 17, 1953 the Commissioner sales Tax U. P. asked him to submit his explanation before the opportunity to examine the papers the petitioner wanted to inspect was given to him. On 12-8-1953 the petitioner submitted an explanation claiming an opportunity to be heard in person and naming three defence witnesses "for clearing the charge of the purchase of the car". By annexure 19 the Commissioner Sales Tax informed the petitioner that he would be permitted to produce his three defence witnesses and that his request for representation throu
















































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