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2008 Supreme(All) 393

SUSHIL HARKAULI, SUDHIR AGARWAL
SALAHUDDIN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

By the Court.—This petitioner aggrieved by the order dated 16.12.1998 whereby a minor punishment of ‘Censure’ was awarded to him, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the same.

2. The petitioner was working as Executive Engineer in Rural Engineering Services, Faizabad Division in the year 1990 in respect whereto Technical Audit Cell of the Department made an inquiry and submitted report pointing out several irregularities committed by the petitioner in discharge of duties which constituted misconduct. A show cause notice alongwith technical audit report was issued to the petitioner on 26.5.1992 which was replied by him vide letter dated 7.5.1993. The State Government after considering the same, imposed minor punishment of “Censure” vide order dated 16.12.1998. Aggrieved thereto, the petitioner has filed this writ petition.

3. It was contended on behalf of the petitioner that before passing the impugned order of punishment, no inquiry was conducted against him in accordance with the procedure prescribed under Rule 55 of Civil Services (Classification, Control and Appeal) Rules, 1930, as applicabl
























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