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2008 Supreme(SC) 87

C.K.THAKKER, P.SATHASIVAM
U. P. STATE SUGAR CORPORATION LTD. – Appellant
Versus
KAMAL SWAROOP TONDON – Respondent


JUDGMENT:

C.K. Thakker, J. -- Leave granted.

2. The present appeal is filed against the judgment and order passed by the High Court of Judicature at Allahabad (Lucknow Bench) on February 24, 2006 in Writ Petition No. 484 (S/B) of 2000.

3. Necessary facts giving rise to the appeal are that the respondent herein was serving with the appellant- U.P. State Sugar Corporation Ltd. ( Corporation for short) as Resident Engineer at the Head Office of the Corporation at Lucknow. On January 13, 2000, a show cause notice was issued to him stating therein that a work was allotted to M/s Gupta & Co., Dehradoon for construction of residential houses in Saharanpur. The Contractor had given two Fixed Deposit Receipts (FDRs) towards the security for the work to be done. The details of FDRs were given in the notice. It was alleged that the Corporation suffered loss of Rupees one lakh due to lack of precaution, irregularity, gross negligence and carelessness by the respondent. The respondent was, therefore, called upon to submit explanation within three days why disciplinary action should not be taken against him.

4. On January 15, 2000, th
























































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