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2000 Supreme(SC) 1573

M.B.SHAH, G.B.PATTANAIK
State Of U. P. – Appellant
Versus
Jaikaran Singh – Respondent


( 1 ) THIS appeal is directed against the judgment of the Allahabad High Court allowing the petition filed by the respondent and quashing the order of service of the respondent and directing his reinstatement and continuity of service. The respondent who had been initially appointed as a Junior Clerk was promoted as Senior Clerk and then had been deputed to the Secretariat to the Department of area Development. While continuing on deputation he was repatriated to his parent organisation on September 28, 1988 and he was relieved on December 28, 1988. But since he did not join his parent organisation, the appropriate authority placed him under suspension vide order dated August 1, 1990. A regular disciplinary proceeding was initiated and certain charges were levelled against him. The respondent did not participate in the enquiry proceedings and ultimately the enquiry officer found him guilty of the charges levelled against him. On the basis of the finding of the enquiry officer, the disciplinary authority passed an order of dismissal from service. Assailing the said order of dismissal, the respondent filed the writ petition. The learned judge did not accept the plea of the respondent

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