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2008 Supreme(All) 340

SUSHIL HARKAULI, SUDHIR AGARWAL
RAJENDRA SWAROOP KASHYAP – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
W.H. Khan and Gulrej Khan for the Petitioner; Amit Sthalekar and S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Petitioner, Rajendra Swaroop Kashyap, has been compulsorily retired in exercise of power under Fundamental Rule 56 (in short “F.R.-56”) vide order dated 17th May, 2005 issued by the respondent No. 1 on the recommendation of the High Court. Aggrieved, the petitioner has approached this Court in this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the aforesaid order dated 17th May, 2005. He has also sought a writ of mandamus, commanding the respondents to reinstate him as District and Sessions Judge with all consequential benefits including arrears of salary and contract of service etc.

2. The facts in brief, as stated in the writ petition, giving rise to the present dispute are that the petitioner was selected for recruitment in U.P. Nyayik Sewa in the year 1972. He was appointed as Munsif-Magistrate and after completion of his training, was posted in District Judgeship, Banda where he joined on 22nd April, 1975. He was promoted as Additional Chief Judicial Magistrate/Civil Judge in August 1983 and was further appointed by promotion in U.P. Higher Judicial Service as Additional District & Sess
































































































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