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2019 Supreme(SC) 1171

R. BANUMATHI, A. S. BOPANNA
State of U. P. – Appellant
Versus
Vinod Kumar Katheria – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Tanmaya Agarwal, AOR
For the Respondent(s): Mr. Deepak Anand, AOR Mr. Aayushmaan, Adv. Ms. Hemlata Rawat, Adv.

JUDGMENT :

R. BANUMATHI, J.

1. This appeal arises out of the judgment dated 06.05.2016 passed by the High Court of Judicature at Allahabad in Special Appeal Defective No.347 of 2016 in and by which the High Court has allowed the appeal filed by the respondent setting aside the dismissal order passed against the respondent.

2. Brief facts which led to filing of this appeal are as under:-

The respondent-employee was working as Lekhpal in the Revenue Department of the Government of U.P. since the date of his appointment with effect from 16.01.1990. During the respondent’s posting as Lekhpal in District Mainpuri, the respondent was suspended vide order dated 17.05.2008 by the Sub-Divisional Magistrate, Mainpuri District. A charge sheet dated 01.07.2008 was issued by the appellant against the respondent wherein seven specific charges of irregularities and illegalities committed by the respondent by misusing his position were framed against him. It is alleged that in order to save himself from the charges, during the course of disciplinary proceedings, the respondent is alleged to have removed number of pages of the Zild Bandobast from the official records pertaining to the village Sansarpur

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