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2021 Supreme(Raj) 1102

SANJEEV PRAKASH SHARMA
Mukesh Kumar Raigar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :O.P. Misra, Advocate
For the Respondents: R.D. Rastogi, Additional Solicitor General

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. By way of instant writ petition, petitioner has prayed to quash and set aside order dated 14/05/2018 passed by the respondents whereby the representation submitted by the petitioner pursuant to directions of this Court in SB Civil Writ Petition No. 8190/2012 has been rejected.

2. Brief facts which need to be noticed are that this is a second round of litigation. Earlier, the petitioner had approached this Court by filing SB Civil Writ Petition No. 8190/2012 wherein he challenged the order whereby penalty of removal from service was imposed against him.

3. It is to be noticed that this Court, after examining the facts and circumstances of the case and after considering the reply filed by the respondents, observed that case of the petitioner was required to be considered in the context of the parameters laid down by the Apex Court in Avtar Singh vs. Union of India & Ors.: 2016 (8) SCC 471 and passed following order:-

    "This petition deserves to be allowed in view of the law laid down by the Apex Court. The impugned orders are quashed and set aside. The petitioner is directed to file a detailed representation before the Appointing Authority for re-co

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