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1960 Supreme(MP) 340

J.R.MUDHOLKAR, K.N.WANCHOO, P.B.GAJENDRAGADKAR, A.K.SARKAR, K.SUBBA RAO
Jagdish Pershad Saxena – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:M/s. S.N. Andley, J.B. Dadachangi and P.L. Vohra, Advocate of M/s. Rajinder Narain and Co.
For Respondents/Defendant:H.L. Khaskalam, Government Advocate for the State of M. P. (M/s B.K.B. Naidu and I.N. Shroff Advocates with him)

JUDGMENT

P.B. GAJENDRAGADKAR, J.

1. This appeal by special leave arises out of a petition filed by the appellant Jagdish Prasad Saxena against the respondent, the State of Madhya Pradesh, in the High Court of Madhya Bharat, in which he prayed that a writ of certiorari or mandamus or any other appropriate writ or direction should be issued against the respondent quashing the order passed by it on December 3, 1953, terminating the services of the appellant as from October 2, 1951, when he had been suspended. A charge-sheet in regard to the proceedings taking against the appellant was furnished to him on October 17, 1951; but it is common ground that no fresh enquiry had been subsequently held before the impugned order was passed against him. The High Court has, however, held that in the enquiry which had been held before the appellant was furnished with the charge-sheet he had substantially admitted the material facts on which the charge-sheet was framed, and so failure to hold a normal enquiry after giving him the charge-sheet had not caused any prejudice to him; that is why the High Court refused to issue a writ as claimed by the appellant and dismissed his petition. In his present a















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