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1975 Supreme(MP) 26

P.K.TARE, R.J.BHAVE, M.L.MALIK
HARINARAYAN RAMRATAN DUBEY KHANDWA – Appellant
Versus
STATE OF M P – Respondent


Advocates Appeared:
D.M.Dharmadhikari, M.V.TAMSKAR,

JUDGMENT :

( 1. ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner, an employee of the Police Department, challenges the order of the Superintendent of Police, dated 23-4-1969 (petitioners Annexure-F), the appellate order of the Deputy Inspector General of Police, dated 28-2-1970 (petitioners Annexure-H) and the order of the Inspector General of Police (date not mentioned; petitioners Annexure-I) on the ground that the petitioner having been acquitted in a criminal case for an alleged offence under section 302, indian Penal Code in connection with the alleged murder of his wife, could not have been proceeded against depart mentally in respect of the same charge.

( 2. ) THIS case had come up for hearing before a Division Bench of this court, which, by order, dated 9-12-1971, referred the case to a Full Bench on the ground that it was necessary to consider the Division Bench case of the Nagpur high Court, namely, Ramdayalsingh v. Harnamsingh and others (1951 N L J 593.), wherein, relying on Regulation No. 241 of the Central Provinces and Berar Police Regulations, which are still in force in the State, the said Division Bench laid down that a depa






























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