LAXMAN PANDHARINATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE order of the Court was delivered by Shrivastava J. This petition under article 226 of the Constitution has been filed by L. P. Hirway against the order of the State Government dated 5-8-1958 by which he has been suspended with effect from 21-6-1956.

(2.) THE following facts are undisputed. The petitioner was employed in the judicial service of Gwalior State, but he was dismissed from his post in the year 1946. He represented against his dismissal. On 2-11-1949, he was appointed in a temporary post for six months, and he continued to work therein even after the expiry of that period. On 28-10-1952, the Madhya Bharat Government allowed his representation and issued a memorandum re-instating him permanently. Thereafter, the petitioner again committed some irregularities and a departmental enquiry was started against him. The enquiring officer, Shri Banwalikar submitted a report to the Government, and thereafter, on some more charges, Shri Narayan singh, Collector, Indore, submitted a report after making enquiries. While these enquiries were going on, the petitioner was suspended by memorandum, dated 15-7-1955. No decision was taken on the reports submitted by Shri Banwalikar and Shri narayan Singh, but, on 19-6-1956, the Government issued an order cancelling the restoration order of 1952 and thus putting the petitioner on a temporary basis. Two days later, a notice of one month terminating his services was given to him.

(3.) THEREAFTER, the petitioner moved the Madhya Bharat High Court for a writ for quashing the two orders passed in 1956. The High Court allowed the petition and quashed the orders, holding that they amounted to 'dismissal' and were hit by the provisions of Article 311 of the Constitution. This decision was by a Division Bench of the High Court of Madhya Pradesh on 8-10-1957 and is re-ported in L. Hirway v. M. B. State, AIR 1958 MP 135; Later, the Government passed the impugned order dated 5-8-1958, by which the petitioner was reinstated but was again continued under suspension.