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2009 Supreme(All) 2315

DEVI PRASAD SINGH
MANSA RAM YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Amit Bose for the Petitioners; Ashwani Kumar Agnihotri, Standing Counsel for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—While admitting the present writ petition the following questions were framed for adjudication :

(i) Whether filing of affidavit by a person in a Court of law shall constitute a case of misconduct and the Government employee concerned can be charged for misconduct under Service Rules?

(ii) Whether the State Government or district authority has got right to take disciplinary action relating to conduct of filing of affidavit in this Court by the Government employee more so, when no proceeding has been initiated by this Court in pursuance of provisions contained under Section 195, IPC, 340 and 341, Cr.P.C. or any other law for the time being in force?

(iii) Whether in the present case, where a different view was taken by the punishing authority with regard to the incident than what was taken by the inquiry officer without serving show cause notice or recording reasons therefore, is sustainable under Law?

(iv) Whether citizen including Government employees or the members of Police Force have right to file affidavit in a Court under judicial proceedings and in case filed then whether only because of such action, such person can be permitted to face
























































































































































































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