KISHANLAL LAXMILAL Vs. STATE OF M.B.
HIGH COURT OF MADHYA PRADESH
State Of M.B.
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Nevaskar, J. -
(1.) THIS is a petition under Article 226, Constitution of India for the issue of a writ or direction under that provision. The Petitioner does not state the nature of the writ or direction he seeks. The facts set forth in the petition are that the Petitioner was appointed 'temporarily and provisionally' by the Deputy Director of Agriculture, Southern Division, Indore as a clerk in the office of the Inspector of Agriculture, Mandsaur on Rs. 40/ - per month in the grade of Rs. 40 -3 -70 with effect from 13 -2 -1952 by Order No. 5971/55/52 dated 31 -3 -1952.
(2.) ON 12 -6 -1952 however the Collector, District Mandsauy' by his order No. 486 -C/52 dated 12 -6 -1952 suddenly and without notice to him terminated his services alleging that he was a member of the R.S.S. i.e., a political party. The Petitioner's complaint is that he was not given slightest opportunity of showing cause either against the truth of the allegation against, him or regarding the punishment intended to be inflicted upon him in the form of termination of his service which amounts to removal from service within the meaning of Article 311, Constitution of India.
Petitioner alleged that he was not the member of R.S.S. nor is R.S.S. a political party. It is further alleged that on 14 -7 -1952 he applied for a certified copy of the order of the Collector but he was not supplied the same in spite of reminder dated 21 -7 -1952 and a registered letter dated 28 -7 -1952 with necessary copying charges.
(3.) AFTER waiting for some time he filed an appeal to the Chief Secretary, Madhya Bharat which was dismissed as time barred.;
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