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2011 Supreme(HP) 1071

V.K.SHARMA
Subhash Chand – Appellant
Versus
Himachal Pradesh Road Transport Corporation – Respondent


Advocates Appeared:
For the Petitioner:Mr. C.N. Singh, Advocate.
For the Respondents:Mr. Adharsh Sharma, Advocate

JUDGMENT

The petition has been filed on the following prayers vide para 7(1), (2) and (3) :-

“(1) The removal orders vide Annexure A-1 and A-2 be set aside.

(2) That the respondents be directed to re engage the applicant with all consequential benefits or afresh as has been done in case of similar employees as per para 6(viii) of the OA with all consequential benefits.

(3) Alternatively, the penalty disproportionate may be directed to be modified in view the submissions in grounds (6 viii) and the settled law and the applicant be alternatively reinstated or retire with pension etc. forthwith.”

2. The respondents have taken the following stand vide paras 3 (i), (ii) and 6(viii) of their reply:-

“3(i). Contents of the OA are denied. The removal of the applicant on 5.7.1996 (A-3) was valid and in accordance with the law. Since the inquiry and the removal orders were issued in accordance with law and on the basis of evidence, the same are to be upheld.

(ii) Contents of the OA are denied and since there was no merit in the appeal dated 4.8.1996(A-4), the same was not required to be replied to, and the same was deemed to have been rejected.

Since the applicant did not submit any representa







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