WESLEY G N Vs. STATE OF MYSORE

JUDGEMENT

(1.) The services of the petitioner who was a first division clerk in the department of Industries and commerce; were terminated on 11 December 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 22 December 1964. 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 9 March 1956, the petitioner was intimated that it had been decided by the Government on 29 February 1956, that the petitioner should be reinstated in service, the period between 1 December 1952 and the date of his rejoining duty being treated as leave without allowances.

(2.) I have omitted to mention that when the petitioner's services were terminated on 11 December 1952, his services were terminated with effect from 1 December 1952, and that date was one of the terminated 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 1 December 1952 and the date of his joining duty being treated as a period daring which he was on duty. He was also claiming his emoluments for that period.