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MADHYA PRADESH HIGH COURT
R. C. Bhargava, J
Ramratan Baichand v. State
| Table of Content |
|---|
| 1. petition against dismissal from service. (Para 1 , 2) |
| 2. grounds for challenging dismissal. (Para 3 , 4 , 5) |
| 3. evaluation of procedural fairness. (Para 6 , 7) |
| 4. subordinate authority cannot exercise dismissal powers. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. concluding remarks and quashing of dismissal. (Para 14 , 15) |
1. This petition under Art.226 of the Constitution is directed against the dismissal of the petitioner from service as a result of a departmental enquiry which was held against him.
2. Before 1st November 1956, the petitioner was a Sub-inspector of Police serving at Sironj in the State of Rajasthan. As a consequence of Reorganisation of States, the Sironj region became a part of the new State of Madhya Pradesh and the services of the petitioner were another to that state. In the year 1960, a departmental enquiry was held against the petitioner on the following charges :
"That the petitioner had accepted Rs. 20/- each as illegal gratification from Ganpat son of Doongaji, Rupe, son of Bhairao and Nathu son of Kesar, all residents of village Nlowdia, Police Station Agar, on 10-5-1960 under the Pretext that all these three persons nave stolen Batasas. The departme
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