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2008 Supreme(HP) 511

RAJIV SHARMA
Hem Raj – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:- Mr. Rajiv Jiwan, Advocate.
For the Respondents:- Mr. K.B. Khajuria, Central Government Counsel.

JUDGMENT

(Rajiv Sharma, J.) - Brief facts necessary for the adjudication of this petition are that disciplinary proceedings were initiated against the petitioner vide Annexure P-4. The Inquiry Officer was appointed. He submitted his inquiry report to the Disciplinary Authority. The Disciplinary Authority on the basis of inquiry report passed final order dated 7.1.2004 whereby the petitioner was removed from service with effect from 6.1.2004 and his name was struck of the strength of 5th Battalion, SSB, Lakhimpur-Kheri (U.P.). The period of suspension with effect from 30.7.2003 to 5.1.2004 was treated/regularised as “Dies non” and whatsoever he has already drawn. He preferred an appeal against the order dated 7.1.2004 on 2.2.2004. The appeal preferred by the petitioner was rejected on 24.3.2004 and the same was conveyed to him vide memorandum dated 31st March, 2004. The appellate order was a non-speaking order. He filed a petition/representation against order dated 7.1.2004 before the Director General, FHQ, Lucknow on 28.4.2004 purportedly under Rule 29 of the Central Reserve Police Force Rules, 1955. In the meantime memorandum dated 31.3.2004 was superseded vide memorandum





















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