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2001 Supreme(All) 953

S. K. SEN, S. RAFAT ALAM
SHIV DULAREY GUPTA – Appellant
Versus
DIRECTOR OF LOCAL BODIES – Respondent


Advocates Appeared:
Ashok Khare

S. R. ALAM, J.


( 1 ) INSTANT Special Appeal arises out of the judgment and order of the learned single Judge dated july 31, 1996 in Writ Petition No. 24401 of 1989 dismissing the writ petition.

( 2 ) THE short fact of the case is that the petitioner-appellant was working as a Clerk since september, 1971 in Nagar Palika, Bindki, district Fatehpur. He was, however, suspended on 19. 5. 1988 and a departmental proceeding was initiated against him. Accordingly, charge-sheet dated 23. 9. 1988 containing two charges viz. (i) that at several places in the town unauthorised constructions are being made without getting the approval of the plan and he has not taken any effective steps in the matter on account of which constructions are being made on nazul land without obtaining any approval, (ii) that certain queries were made in respect of the construction of "paushala" which he did not comply on account of which the construction of the said "paushala" is delayed, was served upon him, copy of which is enclosed as Annexure-1 to the writ petition. He accordingly submitted his reply to the charges on 24. 9. 1988 a copy whereof is annexure-2 to the writ petition. However, during the pendency of






















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