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1995 Supreme(SC) 1127

J.S.VERMA, K.VENKATASWAMI
State Of U. P. – Appellant
Versus
Ashok Kumar Singh – Respondent


Advocates:
Ansar Ahmad Chaudhary, Gaurav Agrawal, R.B.MISHRA, R.D.UPADHYAY

JUDGMENT

K. VENKATASWAMI, J.

(1) DELAY condoned.

(2) LEAVE granted.

(3) HEARD counsel on both sides.

(4) THIS appeal by special leave is directed against the Order of the Allahabad High court in WPNo. 9547 of 1990 dated 12/8/1991.

(5) THE first respondent was a police constable and he was removed from service pursuant to a duly conducted departmental enquiry by Order dated 6/5/1985. The first respondent challenged the order of removal before the U.P. Public Services tribunal No. 5, Lucknow bench. The tribunal by its detailed and considered order dated 29/6/1990 declined to interfere with the order of removal for reasons set out therein. Still aggrieved, the first respondent moved the Allahabad High court under Article 226 of the Constitution of India by filing WP No. 9547 of 1990 challenging the order of removal as confirmed by the U.P. Public Services tribunal.

(6) BEFORE the learned Judge, the order of removal was challenged mainly on the ground that the first respondent was not given a reasonable opportunity in the departmental enquiry. The learned Judge rejected the above contention by observing that "the plea of reasonab







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