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2009 Supreme(All) 2239

RAKESH TIWARI
NAGESH KATARIYA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare and Siddharth Khare for the Petitioner; Nipendra Tripathi, S.C. for the Respondents.

JUDGMENT

Honble Rakesh Tiwari, J.—Heard Sri Ashok Khare, learned Senior Counsel appearing for petitioner assisted by Sri Nipendra Tripathi and Standing Counsel who has accepted notice on behalf of the respondents No. 1 to 4.

2. The facts of the case in brief are that Surendra Katariya, father of the petitioner was employed in permanent capacity as Ambulance Driver. He died during service on 5.7.2008. Petitioner thereafter applied for compassionate appointment in place of his father and was appointed as Warder in District Jail, Meerut by Senior Superintendent of Jail, Meerut. While he was undergoing training at Training Institute at Lucknow, a notice dated 2.10.2008 was issued to the petitioner by Deputy Director calling for an explanation regarding his absence in training Class and not observing discipline in the institute. Another notice dated 3.10.2008 was issued calling for explanation for not performing his duties during training period and reiterating the fact that he was not taking any interest in training. Another charge was that while he was Mess In-charge, he was not serving food properly upto standard. Petitioner replied both the notices. Another show-cause notice dated 7.1










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