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1959 Supreme(MP) 61

SHIV DAYAL SHRIVASTAVA
V. B. Kharate – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: K.A. Chitale
For Respondents/Defendant: P.R. Sharma, Govt. Adv. for State

JUDGMENT

Shiv Dayal Shrivastava, J.

This is a petition under Article 226 of the Constitution of India for quashing the order dismissing the Petitioner from service and for the issuance of an appropriate writ and direction for a declaration that the dismissal be deemed null and void and that the Petitioner be deemed to be in service.

According to the Petitioner, he was appointed a Sub-Inspector of Police in the former Holker State on January 1, 1937, under orders of the Government of His Highness the Maharaja Holker. On the formation of Madhya Bharat, his services continued and he was absorbed in the Madhya Bharat State under orders of the Inspector-General of Police contained in the notification published in the Madhya Bharat Police Gazette, dated August 31, 1950. On March 16, 1955, he was served with a charge-sheet by the District Superintendent of Police, Dewas and was suspended with effect from that date. After inquiry and giving him a notice to show cause why he should not be dismissed, the Deputy Inspector-General of Police, Madhya Bharat, Ujjain, by his order dated June 21, 1955, dismissed him from service. He preferred an appeal to the Inspector-General of Police, then a revisi

















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