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2007 Supreme(All) 1051

VINEET SARAN
GAYA PRASAD YADAV – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Manu Khare for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Vineet Saran, J.—The petitioner was Accountant in the Agra Treasury. For some instance of wrong payment made in the year 1990, an FIR was lodged again seven persons, which did not include the name of the petitioner. However, departmental enquiry was initiated against the petitioner, in which charge-sheet was submitted on 26-8-1992, to which the petitioner submitted his reply. However, in the meantime, in the criminal case, out of seven persons named, four persons were found to be guilty of offences and were identified. However, the remaining three persons could not be identified. The same was communicated by the Economics Offences Wing, U.P. to the State Government vide communication dated 26-12-1996, wherein it was mentioned that the departmental proceeding may be initiated against some official of treasury, including the petitioner.

2. After submission of the charge-sheet and reply given by the petitioner in the departmental proceedings on 26-8-1992, an enquiry report was submitted only on 15-9-2000 and thereafter vide order 24-5-2002 passed by the District Magistrate, Agra the punishment of dismissal of service and recovery of Rs. 1,54,481/- was directed to be mad











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