G.P.SINGH, R.K.TANKHA
TIKARAM WINDWAR – Appellant
Versus
REGISTRAR COOPERATIVE SOCIETIES M P – Respondent
( 1. ) THE petitioner was in Government service as a sub-Auditor. The petitioner was declared quasi permanent from 25th January 1966. While posted at Sanda in District Sagar, the petitioner was twice convicted under section 34 (6) of the Police Act. By order dated 24th February 1972, passed by the Deputy Registrar, Co-operative Societies, Madhya Pradesh, the petitioner was dismissed from service on the ground that he was twice convicted by the criminal Court. No inquiry was held before the order of dismissal was passed and no notice was issued to the petitioner for hearing him. The petitioner filed an appeal which was dismissed by the Registrar, Co-operative Societies. The petitioner then filed this petition under Article 226 of the constitution challenging the order of dismissal.
( 2. ) THE learned Government Advocate relies upon Rule 19 of the Madhya pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, for the proposition that as the petitioner was convicted by the criminal Court, no inquiry was necessary and it was also not necessary to notice the petitioner. Rule 19 reads as follows :
"19. Special procedure in certain cases.-Notwithstanding anything
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