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2021 Supreme(SC) 1088

UDAY UMESH LALIT, S.RAVINDRA BHAT, BELA M.TRIVEDI
State Of Uttar Pradesh – Appellant
Versus
Krishna Bahadur Singh – Respondent


Advocates:
Advocate Appeared:
For the Appelant : Mr. Tanmaya Agarwal, AOR Mr. Wrick Chatterjee, Adv.
For the Respondent: Mr. Pratyush Kumar, Sr. Adv. Mr. Praveen Jain, AOR

ORDER :

Delay condoned.

Leave granted.

2. This appeal challenges the judgment and order dated 02.08.2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Service Bench No.143 of 2015.

3. The respondent herein, who at the relevant time was working as Lower Division Clerk in the Revenue Department of the State Government, was suspended on 04.10.1986 and departmental proceedings were initiated against him on the allegation that he had misappropriated Government funds. The record shows that initially the respondent had participated in the enquiry proceedings but remained ex parte subsequently.

4. After conclusion of enquiry, by order dated 13.06.1988, major penalty of termination of service was imposed upon the respondent. The respondent preferred appeal before the Commissioner, Lucknow Division, Lucknow, who vide order dated 29.07.1988 affirmed the order of punishment imposed by the first authority. The matter was carried in revision and the revision was also dismissed by the Board of Revenue.

5. Almost 11 years after the imposition of major penalty, Claim Petition No.1903 of 1999 was preferred by the respondent, under the Uttar Pradesh Public Services (Tribunal) Act, 1

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