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2016 Supreme(Chh) 190

DEEPAK GUPTA, P.SAM KOSHY
Radheshyam Shukla S/o Shri Kanhai Prasad Shukla – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellant :Shri P.K.C. Tiwari, Shri Shashi Bhushan, Advocate
For the Respondents:Shri Y.S. Thakur, Advocate

JUDGMENT :

Deepak Gupta, J.

This appeal is directed against the judgment dated 15.03.2016 passed by learned Single Judge of this Court in Writ Petition No. 3115 of 2003 whereby he rejected the writ petition as being barred by principles of delay and laches.

2. The undisputed facts are that the writ petitioner Radhe Shyam Shukla was appointed as a Lower Division Clerk/Cashier on 10.02.1967 in Municipal Council, Mungeli. On 12.06.1969, the order (Annexure P/1 with the writ petition) was passed suspending the Petitioner on the allegation that the writ Petitioner had embezzled some funds of the Municipal Council, Mungeli. It is also apparent that some disciplinary proceedings were initiated against the Petitioner and the memorandum of charges have been attached as Annexure P/2 to the petition. There is also a communication of the Petitioner on record dated 03.07.1970 in which he has stated that he would file his list of witnesses after the evidence of prosecution is led. Obviously, this application which is addressed to the President of Municipal Council relates to some disciplinary proceedings.

3. On 27.09.1975, an order was passed terminating services of the Petitioner on the ground that




















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