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1982 Supreme(SC) 16

A.N.SEN, V.D.TULZAPURKAR
State Of U. P. – Appellant
Versus
Mohd. Sharif (Dead) Through L. Rs – Respondent


JUDGMENT

There is no substance in this appeal which has been preferred by the State of U. P. against the judgment and decree dated 25th Nov., 1969 of the High Court of Allahabad in Second Appeal No. 2226 of 1969.

2. The plaintiff Mohd. Sharif (since deceased) was working as a Head Constable of the Daksiti Guard at P. S. Kakwan District Kanpur. On 22nd Jan., 1955 he was served with a charge-sheet under S. 7 of the Police Act calling upon him to submit his explanation thereto; he submitted the explanation on the following day. After holding the department disciplinary inquiry against him the inquiry officer submitted his report which was accepted and ultimately he was dismissed from service by an order dated 3rd June, 1955. After departmental appeal and revision to higher authorities failed, the plaintiff filed a suit challenging his dismissal on the ground that the said order was illegal and void as no proper inquiry was held against him and no reasonable opportunity was given to him to defend himself against the charges framed against him and for recovery of arrears of salary. The trial Court dismissed the suit. In Civil Appeal No. 478 of 1962 preferred by him the learned Second Add






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