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1984 Supreme(MP) 848

GULAB C.GUPTA
HIMAYAT ULLAH LAKHNAVI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
R.P.Varma, Rajendra Tiwari

JUDGMENT :

( 1. ) The petitioner, Himayat Ullah Lakhnavi, Chief Executive Officer of Mahidpur Municipality, was a member of the M. P. State Municipal Service (Executive) and has been removed from employment by an order dated 30-11-1976 (Annexure P-8) on proved misconduct in a departmental enquiry. His review application filed under section 332 of the M. P. Municipalities Act, 1961, remains dismissed by the order dated 4-9-1981 (Annexure P-10) and, hence the present approach to this Court by filing this petition under Articles 226 and 227 of the Constitution of India, praying for a writ of certiorari for quashing these orders.

( 2. ) A charge-sheet dated 15-5-1973 (Annexure P-1) was served on the petitioner alleging as many as five misconducts against him. The petitioner submitted his reply to these charges on 7-7-1973 and, thereafter, faced a departmental enquiry, held in accordance with M. P. State Municipal Service (Executive) Rules, 1973 (hereinafter referred to as the Rules), framed under section 355 read with section 86 of the M. P. Municipalities Act, 1961 (hereinafter referred to as "the Act"). The Enquiry Officer found charges Nos. 1, 2 and 3 proved and the other two charges







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