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2011 Supreme(HP) 1698

V.K.SHARMA
Tej Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates appeared:
For the petitioner:Mr. K.D. Shreedhar, Advocate.
For the respondents:Mr. J.S. Guleria, Assistant Advocate General.

JUDGMENT

V.K. Sharma, Judge

The petitioner had joined the employment of the respondent-department as Patwari on 16th February, 1981. During the relevant period, he was posted as such in Patwar Circle, Shikari, Tehsil Banjar, District Kullu, H.P. In September, 1995, there had been unprecedented heavy rains in the area causing heavy loss to houses, cow sheds and crops etc. It was in such circumstances that the State Government decided to compensate the affected persons by way of compensation. For this purpose, the Revenue Department carried out a survey to assess the damages. It was alleged that during verification of the loss assessment report submitted by the petitioner, it was found that in as many as 17 cases either there had been no loss to the property or the loss had been exaggerated. It was in such circumstances that a show cause notice dated 5.1.1996, Annexure A-2, was served upon the petitioner along with list of those 17 cases to which he filed reply and stated that he was pressurized by the concerned persons to inflate the damages. However, since it was found that the petitioner was to be proceeded against departmentally for imposition of major penalty, the disciplinary a













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