Madhya Pradesh Court January 1961 Judgments
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Dukhooram Gupta Hari Prasad Gupta Vs. Co-operative Agricultural Associ ...
Court: Madhya Pradesh
Decided on: Jan-06-1961
Reported in: AIR1961MP289; [1961(3)FLR357]; (1962)ILLJ353MP
Shrivastava, J.1. By this petition under Articles 226 and 227 of the Constitution, the petitioner Dukhooram Gupta challenges the order of suspension, dated 30-5-1980, passed by the Cooperative 'Agricultural Association, Kawardha (respondent No. 1). Respondents 2 and 3 are respectively the Managing Committee and Secretary of the Association and respondent No. 4 is the Registrar, Co-operative Societies.2. The petitioner was appointed as Manager by the Association with the sanction of the Registrar on 14-3-1952 and was confirmed on the above post on 13-10-1952. In 1955, the Registrar inspected the work of the Association and found several items of defalcation and irregularities. On his direction, the petitioner was suspended on 19-3-1955 and a departmental enquiry was started against him. The petitioner applied to the High Court for quashing the order of suspension and succeeded in Misc. Petition No. 269 of 1956, decided on 28-2-1959.The Association took the matter in Letters Patent Appea...
C.A. D'Souza S/o C.L. D'Souza Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-05-1961
Reported in: AIR1961MP261; [1961(3)FLR54]
Pandey, J.1. The petitioner, who was removed from service, has challenged the various orders passed in regard to him, on the following grounds :(i) The order of suspension dated 24 Sep-tember 1954 operating retrospectively from 30 November 1950 is bad.(ii) The penalty of removal from service is not one of the punishments prescribed by Rule 12 of the Home Guards Rules, 1947, and could not be awarded.(iii) Suspension is one of the punishment enumerated in Rule 12 of the Home Guards-Rules, 1947. The petitioner was in suspension from 30 November 1950 to 11 June 1956. Since the petitioner was already suspended as a measure of punishment, he could not be punished twice for the same fault by removing him from service.(iv) The petitioner's appeal against removal from service was pending before the Governor of Madhya Pradesh on 1 November 1956 when the States were reorganised. Since the matter related to property belonging to the Home Guards Organisation at Nagpur and Kamptee now in the State o...
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