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2007 Supreme(All) 450

TARUN AGARWALA
U. P. STATE ROAD TRANSPORT CORPORATION, KANPUR – Appellant
Versus
MAHMOOD KHAN – Respondent


Advocates appeared:
Sameer Sharma and Sheshadri Trivedi for the Petitioner; Akhilesh Mishra, Manas Bhargava, Meraj Ahmad Khan, S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Heard Sri Sheshadri Trivedi, the learned Counsel holding the brief of Sri Sameer Sharma, the learned Counsel for the petitioner and Shri Manas Bhargava, the learned Counsel holding the brief of Shri Akhilesh Mishra, the learned Counsel appearing for the respondent No. 1.

2. The Workman, respondent No. 1 was working as a conductor and was charge-sheeted for taking passengers without issuing tickets. A domestic enquiry was conducted and he was found guilty of the charges. Based on the domestic enquiry, the Assistant Regional Manager issued an order of termination dated 30.6.1985. The petitioner, being aggrieved by the aforesaid order of the termination, preferred a writ petition before this Court, which was allowed by a judgement dated 30.9.1986 and the termination order was set aside on the ground that the Assistant Regional Manager had no authority to pass the order of termination. It transpires that the aforesaid judgment was passed on the basis of a leading judgment of this Court in the case of Bhopal Singh v. UPSRTC, passed in writ petition No. 8363 of 1986 decided on 10.9.1986. Based on the said judgment, the State Government issued an ordinanc






















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