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2012 Supreme(HP) 798

RAJIV SHARMA
Chet Ram – Appellant
Versus
State Of Himachal Pradesh – Respondent


JUDGMENT :

Rajiv Sharma, J.

1. Petitioner was appointed as P.E.T. on 1.10.1971. A charge-sheet was served upon the petitioner on 23.8.1984, vide Annexure A-1. The charge-sheet was issued to the petitioner on the basis of complaint received from one Sh. Adarsh Kumar in the year 1983 to the extent that that the petitioner while seeking appointment as P.E.T. in Education Department has shown his date of birth as 15.8.1946, but on the verification from the concerned school record, it transpired that the date of birth of the petitioner was 5.2.1943. Inquiry was held. The petitioner was dismissed on 8.4.1986, vide Annexure A-2. Petitioner preferred an appeal against the order of dismissal dated 8.4.1986. The same was rejected by the appellate authority on 2.7.1986. Petitioner preferred O.A. No. 29 of 1986 in the erstwhile Himachal Pradesh Administrative Tribunal. It was allowed by the Tribunal on 12.1.1996. Respondent-State went in appeal against the judgment dated 12.1.1996. The Hon'ble Supreme Court has upheld the order of the Tribunal, however, the Supreme Court permitted the State to proceed against the petitioner from the stage of inquiry and conclude the same in accordance with law.

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