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2004 Supreme(MP) 927

DIPAK MISRA
Ram Das Patel – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.K.P. Verma
For Respondents/Defendant: Om Namdeo

ORDER

Dipak Misra, J.

1. The petitioner was selected for the post of Central Commandar on 7-7-1963. He was confirmed in the said post as Company Commandar at Jhabua in the year 1990 and was attached to Damoh at the time of by-election of M.P. Legislative Assembly which took place on 6-5-1990. During the aforesaid period a disciplinary proceeding was initiated against him on the foundation that he had entered into collusion with Central Commandant Mr. Uma Shanker Gour who was working under him and forged signatures of 16 soldiers and shown their presence in Vidhan Sabha Election duty and prepared forged bills and committed fraud. A show cause was issued. A departmental enquiry was hold against him and Senior Staff Home Guard was appointed as Inquiry Officer who found that the charges levelled against him had not been proved and he was innocent. The Inquiry Report has been brought on record as Annexure-A/1. The Disciplinary Authority, Director General and Commandant General Home Guard did not agree with the findings of the Inquiry Officer and after recording his dissent submitted a show-cause as Annexure-A/2 stating that why he should be punished for dismissal from service. Thereafter,








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