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1990 Supreme(SC) 434

M.H.KANIA, K.JAYACHANDRA REDDY
U. P. State Road Transport Corporation – Appellant
Versus
Muniruddin – Respondent


Advocates:
CHITRA MARKANDEYA, G.S.GILL, J.M.Rao, R.RAMACHANDRAN, SUBODH MARKANDAYA, W.A.NAMANI

JUDGMENT

K. JAYACHANDRA REDDY, J.- This is a case where an order of dismissal passed in a departmental enquiry was challenged in civil court and ultimately has found its way to this Court after a long litigation for over 16 years. The respondent was a bus conductor in U.P. State Road Transport Corporation (Corporation for short). A trap was laid against him and a disciplinary enquiry was initiated and dismissal order was passed on March 23, 1965. He filed a civil suit questioning the same. One of the main plea taken by the respondent was that certain important documents were not made available to him during the enquiry and this caused serious prejudice to him. The trial court dismissed the suit and an appeal preferred by him was also dismissed by the appellate court. Relentless as he was, he carried the matter to the High Court by way of second appeal and his plea was accepted by the High Court and the second appeal was allowed. Aggrieved by the said judgment, the Corporation has approached this Court.

2. On behalf of the Corporation it is contended that the High Court has grossly erred in interfering in a second appeal with the concurrent findings and that the plea of the respondent





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