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1958 Supreme(MP) 189

A.H.KHAN, H.R.KRISHNAN
RAGHUNATH SINGH – Appellant
Versus
STATE OF MADHYA BHARAT – Respondent


Advocates Appeared:
Anand Behari Misra

H. R. KRISHNAN, J.

( 1 ) THIS is an application by a Sub-Inspector of Police who was dismissed by the order of the Deputy Inspector General Police, Northern Range (M. B.) after show cause notices, inquiry and report by the S. P. Guna. The gravamen of his case is that because he was appointed by the I. G. of Police of the erstwhile Gwalior state, and after the constitution of the Madhya Bharat confirmed by that government in its services, his dismissal by the D. I. G. is illegal and in contravention of Article 311 (1) of the Constitution as this authority is subordinate in rank both to the State Government and to the I. G. of Police Madhya Bharat. He has also urged that the conduct of the inquiry was in contravention of the provisions of the Punishment and Appeal Rules, the Madhya Bharat Police Act and police Regulations (paragraph 234 ). Accordingly, he has prayed for issue of a writ of certiorari quashing the order of the D. I. G. , and directing the grant of all consequential reliefs.

( 2 ) THE main points for decision are whether, the applicant was appointed by the I. G. Police erstwhile Gwalior, or by the Government of Madhya Bharat, or by the I. G. M. B. ; and whether in the f





















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