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1965 Supreme(MP) 128

P.V.DIXIT, K.L.PANDEY
SHARDUL SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.P.SEN, G.P.SINGH, R.J.BHAVE

DIXIT, C. J.

( 1 ) IN this case the petitioner, who was a Sub-Inspector of Police, seeks a writ of certiorari for quashing an order dated the 30th November 1963 of the Inspector general of Police dismissing him from service. The order of the Inspector General of Police was upheld in appeal by the Government, and it writ is sought for quashing that order also.

( 2 ) THE petitioner's dismissal was as a sequel to a departmental enquiry held against him on the charges that on 24th June 1962 when the constables detailed at Korandha border for checking smuggling of rice into Bihar State intercepted and seized twenty-two pony-loads of rice which was being taken across the border, the petitioner forced the constables to release the rice under the threat of dire and serious consequences; that he suppressed information about this crime of smuggling; and that he also, under threats of harassment and vengeance, forced the constables to write out false duly certificates and thus abused his position. The departmental enquiry was initiated and held by the Superintendent of Police. Surguja; the charges were also framed by him. After the conclusion of the enquiry, the Superintendent of Police sent










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