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1962 Supreme(MP) 169

P.V.DIXIT, K.L.PANDEY
ANAND NARAIN SON OF RAM KRISHNA SHUKLA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
A.P.SEN, G.A., H.L.KHASKALAM

K. L. PANDEY, J.

( 1 ) BY an order dated 1 May 1961, the State Government directed that the petitioner, who was employed as Superintendent, Colonisation Department, gwalior, and who was found guilty of misconduct and breach of Government servants' Conduct Rules, be reduced in rank and posted as an. Upper Division clerk in the same department. In supersession of this order, the 'state government passed another order dated 30th May 1961 whereby he was permanently reduced to the rank of an Upper Division Clerk with a maximum salary of Rs. 150/- and the period, of his suspension, was not treated as on duty except for purposes of pension. By this petition under Article. 226, of the Constitution, he has challenged these two orders. (2) On 12th March 1959, the petitioner was suspended with immediate effect and thereafter a departmental enquiry was ordered against him on the following charges: (i) He got an application dated 26th May 1952 made by his minor son for the allotment of the land of one Shivnath Singh and suppressed therein the fact that the applicant was a minor, (ii) That in spite of the fact that pattas were distributed on 24th July 1951, it was stated in the application that





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