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1959 Supreme(All) 183

J.K.TANDON, R.A.MISRA
GAYA PRASAD MISRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.D.Das, S.D.MISHRA


TANDON, J.

( 1 ) THE petitioner who is Gaya Prasad Misra was a member of the Police Force in this State. He entered service sometime in 1935 as a Constable but was working as Station Officer Incharge police Station Misrikh in 1952. While posted in Sitapur district where Misrikh is situate he appeared to have purchased a house for Rs. 8000/- in the name of his wife. Admittedly he did not inform the higher authorities, as was necessary under Rule 11 of the Government Servants conduct Rules, about the purchase of this house. He was accordingly asked by the Superintendent of Police on 18-12-1953 about this purchase and he was also suspended with effect from the same date. On 10-4-1953 he was served with a charge sheet also under Section 7 of the Police Act accusing him of several charges in which he was blamed of having accepted illegal gratification besides purchasing the above house. A case under Sub-section (2) of Section 5 of the Prevention of Corruption Act of 1947 was also registered against him an 30-5-1953, and the investigation was entrusted to a C. I. D. Inspector who got recorded the statement of certain witnesses also under Section 164 Cr. P. C. The report recorded under th









































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