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1984 Supreme(SC) 88

A.V.VARADARAJAN, RANGANATH MISRA, S.MURTAZA FAZAL ALI
Mumtaz Hussain Ansari – Appellant
Versus
State Of U. P. – Respondent


Advocates:
P.Mishra, Prithvi Raj, R.K.GARG, S.DIXIT, S.K.KULSHRESTHA, SHAKEEL AHMAD SYED

JUDGMENT

VARADARAJAN, J. :— This appeal by special leave is directed against an order of a Division Bench of the Allahabad High Court dated 19-8-1974 dismissing in limine Miscellaneous Writ Petition No. 4827 of 1974 which had been filed by the appellant, for quashing the first respondents order dated 3-5-1974 removing him from service pursuant to the finding of the second respondent. U. P. Administrative Tribunal, Lucknow dated 10-7-1972 that the appellant was guilty of three of the four charges framed against him The appellant was employed as a Deputy Superintendent of Police at Pilibhit at the relevant time. The fourth charge of which the appellant has been exonerated was that he had transferred his Vespa Scooter bearing Registration No. UPI-9117 and valued at more than Rs. 500/- to one Lal Mohd. without obtaining the previous sanction of the appropriate authority and -he thereby contravened Rule 24(2) of the U. P. Government Servants Conduct Rules, 1956. The appellants defence was that the transfer was effected through a reputed dealer and therefore previous sanction of the appropriate authority was not necessary. The Tribunal found that the transaction of sale of the scooter by




















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