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1993 Supreme(MP) 508

GULAB C.GUPTA, R.P.AWASTHY
R. P. Dubey – Appellant
Versus
State of M. P. – Respondent


Advocates:
Rohit Arya fur petitioner; N.C Jain and S.L. Saxena for respondents.

ORDER

Gulab C. Gupta, J. -- 1. "Mountain of a mole hill", is perhaps the best description of the petitioner's grievance, as canvassed in this writ petition, filed under Article-226 of the Constitution. He has been put under suspension pending departmental enquiry by order dated 23.11.1991 (Document No. 16) and in order to challenge legal validity thereof, he challenges vires of section 54 (1) of M.P. Municipal Corporation Act, 1956 (hereinafter referred to as the Act) and the appointment of respondent No.3 as the Commissioner, Municipal Corporation, Jabalpur, and claims a writ a/certiorari and quo-warranto for the purpose.

2. The petitioner is admittedly employed as an Engineer in the Municipal Corporation at Jabalpur. The said Municipal Corporation is governed by the provisions of the Ad and the authority thereof is now vested in the respondent administrator appointed by the State Government for the purpose. The respondent State Government has also appointed the respondent No.3 as Commissioner vide order dated 30th September, 1991 (Annexure 3-A). A perusal of this order indicates that the respondent No.3 was at that time working as Commissioner, Municipal Corporation, Dewas, which i









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