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2009 Supreme(Pat) 960

NAVANITI PRASAD SINGH
Harihar Prasad Son Of Mukhdeo Prasad – Appellant
Versus
Union Of India, Ministry Of Home Affairs Through The Secretary – Respondent


JUDGEMENT

1. The petitioner was working as a Lance Naik in the Central Industrial Security Force in the State of Andhra Pradesh. It appears that in the night of 19.3.1988, petitioner allegedly beat up a Constable with lathi lor which, after a departmental proceedings, he was dismissed from service treating it to be a gross misconduct and a gross indiscipline by order dated 29.2.1989. Petitioner challenged his dismissal order before the Andhra Pradesh High Court. The Andhra Pradesh High Court, in Writ Petition No. 11688 of 1989 (Annexure-2), after hearing the parties, allowed the writ petition with certain directions on or about 9.11.1994. Against this the respondents preferred an appeal being Writ Appeal No. 133 of 1995 which was dismissed in limine on 23.2.1995. Thus, the order of the Andhra Pradesh High Court attained finality. The Andhra Pradesh High Court, inter alia, set aside the order of dismissal with liberty to pass fresh order with certain observations and directions. Authorities passed a de novo order. Petitioner, since his dismissal, had come back to his native village in Bihar and was residing there. On de novo fresh orders being passed the same was communicated by lett








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