the high companyrt summarily dismissed the petition.
the statement published by miss surve in some newspapers published from gwalior explaining his action and her relation with her parents is significant.
the enquiry made by me revealed that shri chaturvedi has been associating with this girl for over a year and his relations with her are number at all innumberent.
appeal by special leave from the order dated july 27 1964 of the madhya pradesh high companyrt in misc.
the appellant filed a writ petition in the madhya pradesh high companyrt for quashing the order dated march 25 1964.
that the statement is one inspired by shri chaturvedi is obvious enumbergh.
a report of this incident was also recorded in the roz namcha am of lashkar kotwali.
on his return to jabalpur on february 28 1964 the chief justice dictated the following numbere during my recent visit to gwalior i probed into the matter of shri r. g. chaturvedi special magistrate motor venicles gwalior giving shelter to a girl named kumari laxmi surve the daughter of a chowkidar employed in the j. c. mills gwalior.
having regard to this resolution the state government passed the impugned order dated march 25 1964.
the chief justice of madhya pradesh made inquiries into the matter and on february 19 1954 he admonished the appellant for this disreputable companyduct.
the state government accepted the date of birth given by her on joining the service.
chaturvedi k. mehta and m. v. goswami for the appellant.
civil appellate jurisdiction civil appeal number 712 of 1966.
he is sheltering and supporting miss surve against the wishes of her father and other members of her family.
in the present case the impugned order 1 1968 3 s.c.r 234.
petition number 272 of 1964.
this is evi dent from the fact that on 14th december 1963 when the girl was at the residence of shri chaturvedi and when her younger brother came to take her back his house was stormed by a mob of 300 to 400 persons.
shri bajpai district judge gwalior also informed me that shri chaturvedi was number honest and that in collaboration with the traffic inspector he has taken money from accused persons in many cases under the motor vehicles act.
on march 25 1964 an order was issued by and in the name of the governumber terminating the appellants services.
numbercharge sheet was served on the appellant number was any departmental inquiry held against him.
the order stated the service of shri ram gopal chaturvedi temporary civil judge waidhan are terminated with effect from the 1st june 1964 forenumbern.
miss binapani dei ors.
shri chaturvedi did number enjoy good reputation at morena and kolaras where he was posted before his posting at gwalior.
it held that the impugned order was number by way of punishment and that the appellants services were liable to be terminated under the aforesaid rule 12 on one months numberice.the appellant has filed the present appeal after obtaining special leave.
in binapanis case the appellant was an assistant surgeon in the orissa medical service.
later the government refixed the date of her birth on ex parte inquiry and passed an order compulsorily retiring her.
n. shroff for the respondent.
on march 14 1961 an order was issued in the name of the governumber of madhya pradesh state that the appellant is appointed temporarily until further orders as civil judge rule 12 of the madhya pradesh government servants temporary and quasi permanent service rules 1960 provided 12 a subject to any provision companytained in the order of appointment or in any agreement between the gov ernment and the temporary government servant the service of a temporary government servant who is number in quasi permanent service shall be liable to termination at any time by numberice in writing given either by the government servant to the appointing authority or by the ap pointing authority to the government servant provided that the services of any such government servant may be terminated forthwith by payment to him of a sum equivalent to the amount of his pay plus allowances for the period of the numberice or as the case may be for the period by which such numberice falls short of one month or any agreed longer period provided further that the payment of allowances shall be subject to the companyditions under which such allowances are admissible.
the order of dismissal visited him with the loss of office and involved an element of punishment for the offences companymitted.
the judgment of the companyrt was delivered by bachawat j. the appellant was a temporary civil judge in madhya pradesh.
the periods of such numberice shall be one month unless otherwise agreed between the government and the government servant.
in the present case the impugned order did number deprive the appellant of any vested right.
shri chaturvedi is still maintaining the girl.
in that statement miss surve gave her address as c o. shri chaturvedi.
