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1962 Supreme(Online)(Kar) 8

MYSORE HIGH COURT
*A. R. Somanatha Iyer, Iqbal Husain, JJ.
G. N. Wesley First Division Clerk v. State


1. The services of the petitioner who was a First Division Clerk in the department of Industries and Commerce, were terminated on December 11, 1952, without any disciplinary proceedings having been instituted against him. When the petitioner protested against the termination of his services in that way, charges were framed against him on December 22, 1954. It is mentioned on behalf of the State in the counter - affidavit produced that no enquiry was made into the charges, since it was decided that no major punishment was called for. What was done was that on March 9, 1956, the petitioner was intimated that it had been decided by the Government on February 29, 1956, that the petitioner should be reinstated in service, the period between December 1, 1952 and the date of his rejoining duty being treated as leave without allowance.

2. I have omitted to mention that when the petitioner's services were terminated on December 11, 1952, his services were terminated with effect from December 1, 1952, and that date was one of the termini of the period referred to in the Government Order.

3. After the Government Order was made in that way, the petitioner was agitating for the period between D














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