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1961 Supreme(MP) 1

P.V.DIXIT, K.L.PANDEY, N.M.GOLVALKER
C. A. Dsouza, C. L. Dsouza – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
R.J.BHAVE, R.S.DABIR, V.S.DABIR

PANDEY, J.

( 1 ) THE petitioner, who was removed from service, has challenged the various orders passed in regard to him, on the following grounds :

(i) The order of suspension dated 24 Sep-tember 1954 operating retrospectively from 30 November 1950 is bad. (ii) The penalty of removal from service is not one of the punishments prescribed by Rule 12 of the Home Guards Rules, 1947, and could not be awarded. (iii) Suspension is one of the punishment enumerated in Rule 12 of the Home Guards-Rules, 1947. The petitioner was in suspension from 30 November 1950 to 11 June 1956. Since the petitioner was already suspended as a measure of punishment, he could not be punished twice for the same fault by removing him from service. (iv) The petitioner's appeal against removal from service was pending before the Governor of Madhya Pradesh on 1 November 1956 when the States were reorganised. Since the matter related to property belonging to the Home Guards Organisation at Nagpur and Kamptee now in the State of Bombay, only the Governor of that State was competent to hear and dispose of the petitioner's appeal. (v) in the appeal filed by the petitioner, he specifically prayed that he should be given











































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