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1993 Supreme(SC) 306

N.M.KASLIWAL, P.B.SAWANT
U. P. Rajya Krishi Utpadan Mandi Parishad: Director, Rajya Krishi Utpadan Mandi Parishad – Appellant
Versus
Sanjiv Rajan: Narendra Kumar Malik – Respondent


Advocates:
E.C.AGARWAL, MANOJ SVARUP, P.N.Gupta, Ram Pal Ganpatrai

ORDER

1. Leave granted. C.A. No. 1487 of 1993 (arising out of SLP No. 3171 of 1993) :

2. The appeal is directed against the interlocutory order dated May 21, 1992 passed by the High Court. Normally, this Court does not interfere with the interlocutory orders. But the case in hand impels us to do so.

3. The respondent was employed at the relevant time as Cashier of the Agricultural Market Committee (the Market Committee) at Rampur. The allegation against the respondent is that during his tenure as such Cashier, lakhs of rupees credited in the accounts of the Market Committee were not deposited in its bank account. On learning of the said misfeasance, the appellant-Market Committee suspended him from service with effect from March 22, 1991. He challenged his suspension in the High Court on the ground that some other suspended officers had been allowed to join service. The High Court quashed the suspension order on the said ground.

4. The investigation into the defalcation was, however, in progress. In April, 1991, special auditors were appointed to audit the accounts of the Market Committee. They submitted their report in May 1991 in which it was stated that severallakhs of rupees ha








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