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1959 Supreme(MP) 276

V.R.NEWASKAR, H.R.KRISHNAN
GAJRAJ SINGH BHERU SINGH RAJPUT – Appellant
Versus
STATE OF M. B. – Respondent


Advocates Appeared:
K.A.Chitale, S.L.Dubey, S.M.Kutumble

( 1 ) THE applicant used to be since 1945, a Sub-Inspector in the Police force of Gwa-lior, having been, in fact, promoted from the post of police constable to that of Sub-Inspector by a special order of the Ruler of Gwalior. Having been provisionally taken in the Madhya Bharat police force on the formation of that State, he was, in 1952 ostensibly retrenched from service by an order of the Deputy Inspector General of Police, dated 18-11-1952, on two grounds, namely, consistently bad record and not having the minimum qualification of being a matriculate, these being grounds 2 and 7 of the pre-Constitution retrenchment rules made by the Madhya Bharat Government on 9th July 1949. An appeal to the Inspector General of Police which is provided by the rules, was dismissed on 2-1-1954, the Inspector General holding that, firstly, the service record was not of the desirable type, and secondly, the applicant was not even a matriculate. The Deputy Inspector General did not afford the applicant an opportunity to show cause. The Inspector General himself seems to have asked him to show cavise but not in accordance with the procedure provided in Article 311 or the post-Constitution service rul



















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