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1996 Supreme(SC) 1504

G.B.PATTANAIK, K.RAMASWAMY
State Of U. P. – Appellant
Versus
T. P. Lal Srivastava – Respondent


ORDER

Though notice was sent to the respondent on January 25, 1995, till date neither acknowledgment nor unserved cover has been received back. Under these circumstances, notice must be deemed to have been served on the respondent. He is set ex parte.

Leave granted.

2. We have heard learned counsel for the appellant.

3. This appeal by special leave arises from the judgment of the Allahabad High Court made on March 15, 1993 in Writ Petition No. 12480/87. The admitted position is that while the respondent was working as a Senior Marketing Inspector, a charge-sheet was served on him on November 23, 1984 calling upon him to explain the charges for committing gross irregularities in the movement of wheat outside the State of U.P. Instead of submitting reply to the charge-sheet, he went on dilly-dallying in submitting the reply. Several letters addressed to the respondent proved ineffective. Resultantly, the appellants took a decision on June 26, 1987 holding that the respondent was found guilty of misappropriation. Consequently, he came to be dismissed from service. The respondent challenged the same in the writ petition. The High Court has set aside the order in the impugned order holding



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