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2008 Supreme(All) 61

B.S.CHAUHAN, ARUN TANDON
RAM RAKHAN SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court.—The petitioner was appointed as Assistant Sales Tax Officer in the Trade Tax Department of the State of Uttar Pradesh. It is stated that the petitioner attained the age of superannuation and actually retired on 31-1-01. On 18th January, 2002, the petitioner was served with a charge-sheet bearing the date as 29th December, 2001. On receipt of the charge-sheet, the petitioner made an application dated 20th September, 2002 stating therein that the enquiry proceedings were liable to be revoked.

2. However, the disciplinary proceeding initiated against the petitioner were continued and on 15/16th January, 2003 a show cause notice was issued to the petitioner along with an enquiry report dated 8th March, 2002. The petitioner submitted his reply dated 18th January, 2003 to the second show cause notice and vide letter dated 5th April, 2003, he has requested for revocation of the entire proceedings.

3. By means of the impugned order dated 22nd November, 2005 the petitioner has been informed that the Governor of U.P. in exercise of powers under Article 351-A of Civil Services Rules has been pleased to grant permission for continuation of the disciplinary proceedings again



















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