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1987 Supreme(SC) 624

E.S.VENKATARAMIAH, K.N.SINGH
U. P. Public Service Commission At Allahabad – Appellant
Versus
Suresh Chandra Tewari – Respondent


Advocates:
R.B.MAHATO, R.K.JAIN, R.P.SINGH PAL, S.N.KACKAR

Judgement

VENKATARAMIAH, J.:- The Uttar Pradesh Public Service Commission (hereinafter referred to as the Commission) is the petitioner in this petition. It has questioned the correctness of the order passed by the High Court of Allahabad in Writ Petition No. 17082 of 1986 directing it to comply with the order dated August 30, 1986 passed by the State Government on an appeal filed by Respondent No. 1 against the order passed by the Commission in a disciplinary proceeding held against him.

2. Respondent No. 1 was working as a Section Officer in the office of the Commission. On July 18, 1981 he was placed under suspension on certain charges and a departmental enquiry was initiated against him. In the said enquiry he was found guilty and he was reverted to the rank of an Upper Division Assistant by the order dated April 24, 1982 and by another order passed on the same day he was dismissed from service. Against these orders Respondent No. 1 preferred an appeal before the State Government. The State Government found that Respondent No. 1 had not been given opportunity to cross-examine the witnesses produced at the disciplinary enquiry, that he had not been given a reasonable opportunity t














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