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2006 Supreme(SC) 552

A.R.LAKSHMANAN, ALTAMAS KABIR
State Of U. P. – Appellant
Versus
Raj Kishore Yadav – Respondent


Counsel for the Parties :
For the Appellants :Mr. Pramod Swarup, B.N. Jha, Jatinder Kumar Bhatia, Advocates.
For the Respondents:Jitendra Mohan Sharma, Advocate.

ORDER

Heard the learned counsel appearing on behalf of the appellants and the respondents.

2. This appeal is directed against the judgment passed by the High Court of Allahabad in Civil Misc. Writ Petition No. 1505/1996 allowing the Writ Petition filed by the respondent herein. The High Court by the impugned order modified the punishment by way of stoppage of two increments with cumulative effect and quashed the order of dismissal from service awarded to the respondent herein. The High Court also ordered reinstatement with all pecuniary and consequential service benefits.

3. We have been taken through the charges framed against the respondent herein and also the Enquiry Report submitted by the Enquiry Officer and the order passed by the Disciplinary Authority and also the order passed in the Claim Petition. Five charges were framed against the respondent herein. The charges are very serious in nature. The charges No. 1, 2, 3 and 5 have been proved beyond any doubt. Charge No. 4 has not been proved.

4. On a consideration of the entire materials placed before the authorities, they came to the conclusion that the order of dismissal would meet the ends of justice. When a Writ Petition was



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