LEKH RAM SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS and the application numbered 16 of 1957 are petitions by Sub-Inspectors of Excise dismissed from service by the orders of the State Government in similar circumstances. They had been dismissed after inquiry and punishment notices, by the Commissioner of Excise. Following a High Court judgment in what Government considered a comparable case, the order of dismissal by the Commissioner was set aside, the officer formally reinstated and simultaneously suspended, served wjth a fresh punishment notice, and now dismissed by the Government itself.

(2.) IN each of them certain general arguments have been made, applicable, from the petitioner's view point, to the other case as well. These have been considered in the judgments of the respective petitions in which the particular grounds have been especially emphasized.

(3.) THE prayer, under Article 226 of the Constitution, is for a writ on the State government, directing it to reinstate the petitioner in his post of Sub-Inspector of excise, and to give the consequential reliefs by way of full pay since his dismissal the allegation being that the order of dismissal passed on 29-10-56 is illegal for want of compliance with the Civil Service (Punishment and Appeal) Rules of 1950, which incorporate the principles of Article 311 and other reasons.