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2002 Supreme(SC) 303

D.P.MOHAPATRA, BRIJESH KUMAR
State Of U. P. – Appellant
Versus
Ramesh Chandra Mangalik – Respondent


JUDGMENT

Brijesh Kumar, J.-Leave granted. Heard learned counsel for the parties.

2. After holding disciplinary proceedings against the respondent Ramesh Chandra Mangalik, an order of punishment was passed withholding his four increments of salary permanently and for recovery of a sum of Rs. 24,822/-. The said order was challenged by the respondent in a writ petition filed at the Lucknow Bench of the Allahabad High Court. The writ petition was allowed by order dated 15.12.1999 setting aside the order of punishment and directing that the respondent would be considered for promotion with effect from the date his juniors were promoted. All consequential benefits were also allowed. The High Court came to the conclusion that the order of punishment was bad in law since principles of natural justice have been violated in holding inquiry due to non supply of copies of all the necessary and relevant documents and for not affording a proper opportunity of hearing to the delinquent. It was also held that no basis for arriving at the figure of the amount sought to be recovered was given. The State Government felt aggrieved by the above order passed by the High Court in the writ petition. Hence




















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