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2002 Supreme(All) 1826

KAMAL KISHORE, PRADEEP KANT
BANGALI BABU MISRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Sandeep Dixit

PRADEEP KANT, KAMAL KISHORE, JJ.

( 1 ) HEARD the learned counsel for the petitioner Sri Sandeep Dixit and Sri Harsh Vardhan the learned standing counsel.

( 2 ) SINCE counter and rejoinder-affidavits have been exchanged, we had proceeded to dispose of the writ petition finally.

( 3 ) THE petitioner joined the services as Veterinary Assistant Surgeon in the year 1972. While he was posted as Veterinary Officer at Veterinary Hospital, Jaitpur Kalan, district Agra in the year 1990, he was caught in a trap case regarding which First Information Report was lodged, in which the investigation is still going on and a charge-sheet is said to have been filed in the Court on 6. 11. 2002. This information has been given by the learned standing counsel on the basis of instructions received and on the basis of record available to him. The petitioner was allowed to continue in service throughout.

( 4 ) THE petitioner was suspended in the year 1992 against which order he filed Writ Petition No. 7094 (S/b) of 1992 in which the High Court passed an order of stay, staying the operation of the suspension order and provided that in case the charge-sheet in the criminal case is served on the petitioner, i











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