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2003 Supreme(SC) 315

SHIVARAJ V.PATIL, ARIJIT PASAYAT
State Of U. P. – Appellant
Versus
Chandrapal Singh – Respondent


ORDER

The State of U.P. and another are before us in this appeal, assailing the order passed by the High Court in a writ petition affirming the order passed by the U.P. Public Service Tribunal No. III, Lucknow. The respondent No. 1 herein was appointed as Assistant Agriculture Inspector, Group-III by the Director of Agriculture. On account of certain irregularity or misconduct the disciplinary proceedings were initiated against him by the District Agriculture Officer. After holding enquiry, he submitted a report to the disciplinary authority which authority, accepting the report of the District Agriculture Officer, passed the order of dismissal dated 11.4.1977 dismissing the respondent No.1 from service. Challenging the said order of dismissal, the respondent No. 1 filed a claim petition before the U.P. Public Service Tribunal. Before the said Tribunal, a contention was raised that respondent No. 1 having been appointed by the Director of Agriculture the District Agriculture Officer could not have initiated the disciplinary proceedings. Consequently, the disciplinary proceedings initiated and further proceedings taken, culminating into an order of dismissal, were all vitiated





















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