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1997 Supreme(MP) 800

S.C.PANDEY
Rakesh Kumar Pradhan – Appellant
Versus
State of M. P. – Respondent


Advocates:
K.K. Pandey for petitioner; V. Awasthy, Govt. Advocate for State.

ORDER

1. This petition under Articles 226 and 227 of the Constitution of India is directed against the order dated 30.3.1996, Annexure A-3 passed by the Chief Municipal Officer, Nagar Panchayat, Sakti, District Bilaspur. The disposal of this petition shall also govern the disposal of writ petition No. 1569 of 1996 whereby identical order has been passed in respect of the petitioner Hemchand Yadav.

2. The facts of this case are that the petitioner was appointed on probation by the order dated 28.10.1994 Annexure A-1 as a Peon. After expiry of the period of probation, the petitioner was liable to be made permanent. However, by order dated 30.3.1996, Annexure A-3, the respondent No. 4/Chief Municipal Officer, Nagar Panchayat, Sakti, District Bilaspur terminated the services of the petitioner saying that the senior auditor of the local funds audit, Bilaspur had raised an objection regarding compassionate appointment of the petitioner saying that he could not be appointed. The Chief Municipal Officer further said that after going through the resolution of the Panchayat dated 25.3.1996 and also in accordance with objection of the senior auditor, the services of the petitioner are terminate











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