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1998 Supreme(SC) 730

G.B.PATTANAIK, S.SAGHIR AHMAD
State Of U. P. – Appellant
Versus
Shatrughan Lal – Respondent


Judgment

S. Saghir Ahmad, J.-The respondent who was a Lekhpal in the service of the State Government, was dismissed from ser­vice after a regular departmental inquiry. The order of dismissal was challenged before the U.P. Public Services Tribunal which, by its judgment dated 13.3.81, allowed the claim petition with the findings that the departmental proceedings conducted against the respondent as also the order dated 28.2.77 by which he was removed from service were illegal and void. The State of U.P. then filed a writ petition in the High Court which was dismissed summarily on 4.2.82.

2. We have heard learned counsel for the parties. The Tribunal has found as a fact that copies of the documents which were proposed in the charge-sheet to be produced in the department proceedings as proof in support of articles of charges were not supplied to the respondent. This finding was based on the own admission of the appellant in the written statement that the copies of the documents mentioned in the charge-sheet were not supplied to the respondent which could be in­spected by him at any time. The Tribunal further found that the copies of the statement recorded during the preliminary inquiry o













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