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1962 Supreme(Ori) 89

SINHA, SUBBA RAO, SHAH, MUDHOLKAR, AYYANGAR
MADAN GOPAL – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
N.N. Keswani, for the Appellant; N.S. Bindra and P.D. Menon, for the Respondent

JUDGMENT :

Shah, J. - The Appellant Madan Gopal was appointed an Inspector of Consolidation by order dated October 5, 1953 of the Settlement Commissioner of the Patiala and East Punjab States Union. The appointment was "on temporary basis and terminable with one month's notice." On February 5, 1955, the Appellant was served with a charge-sheet by the Settlement Officer, Bhatinda that he (the Appellant) had received Rs. 150/- as illegal gratification from one Darbara Singh and had demanded Rs. 30/- as illegal gratification from one Ude Singh. The Appellant was called upon to show cause why disciplinary action should not be taken against him if the allegations in the charge-sheet were proved. The Appellant submitted his explanation to the charge-sheet. On February 22, 1955, the Settlement Officer submitted his report to the Deputy Commissioner Bhatinda, that the charge relating to receipt of illegal gratification from Darbara Singh was proved. The Deputy Commissioner by order dated March 17, 1955 ordered that the services of Madan Gopal Inspector be terminated forthwith and that in lieu of notice he will get one-month's pay as required by the Rules.

2. The Appellant requested the Deput









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