JAGDISHPRASAD SAXENA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, submitted by the Petitioner Jagdish Prashad Saxena for the issue of a writ of certiorari or mandamus or any other kind of writ or direction in respect of the orders dated 3 -12 -195S of his dismissal from service by the Government of Madhya, Bharat contrary to the requirements of Article 311(2) of the Constitution of India.

(2.) PETITIONER was employed in the department of Customs & Excise of the Madhya Bharat Government as a Distillery Inspector and was posted at the material time at Barwah. The Petitioner was getting Rs. 145 P.M. plus usual dearness allowance in the grade of 125 -10 -225 E.B. 300 and all the rules and regulations of the State Civil Service were applicable to him. At Barwah, there is a distillery and to it is attached a ware -house.

(3.) THIS enquiry was conducted. The Deputy Commissioner, it is alleged, gave a charge -sheet dated 17 -10 -1951, to the Petitioner regarding the complicity of the Petitioner in the illegal issue of liquor on 12 -7 -1951 and consequent alterations in the records besides ether charges and required him to submit his explanation the same day. The Petitioner does not say as to what happened regarding this charge -sheet. All that he avers is that he was required to submit his reply the same day.