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1964 Supreme(MP) 36

S.P.BHARGAVA, P.V.DIXIT
ABDUL HAFEEZ KHAN, ABDUL GAFOOR KHAN – Appellant
Versus
GOVERNMENT OF MADHYA PRADESH – Respondent


DIXIT, C. J.

( 1 ) IN this application under Article 226 of the Constitution the petitioner prays for the issue of a writ of certiorari for quashing a resolution dated 4th April 1963 of the Standing Committee of the Municipal Council, Bhopal, and the order dated 24th April 1963 made by the Municipal Council pursuant to that resolution reverting the petitioner from the Post of Octroi Superintendent to the post of octroi Inspector.

( 2 ) THE applicant was first appointed to officiate as "octroi Superintendent by an order made toy the President of the Municipal Board on 15th February 1960. On 28th February 1961 the President passed an order confirming the applicant's appointment as Superintendent, Octroi. Thereafter, the petitioner continued to hold the post of Octroi Superintendent on a permanent basis in the pay-scale of rs. 175-25-300 besides allowances. It appears that the respondent No. 4 Anwarul haque, a bead-clerk in the Municipal Council, filed a representation to the government against the appointment of the petitioner as Octroi Superintendent contending that the petitioner's appointment by the President was illegal and that he was entitled to be appointed to the post. When t















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