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2010 Supreme(All) 3650

SUNIL AMBWANI, K.N.PANDEY
SHRIPATI TRIPATHI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vipin Kumar Saxena and K.C. Pushkar for the Appellant; Madhur Prakash, C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Shri Vipin Kumar Saxena, learned counsel for the appellant. Learned Standing Counsel appears for respondent Nos. 1 to 3. Shri Madhur Prakash appears for respondent Nos. 4 and 5.

2. Shri Shripati Tripathi, the petitioner-appellant died during the pendency of the writ petition. He has been substituted with his heirs and legal representatives vide order dated 16.3.2010 on an application. The substitution has been carried out in the array of parties on 18.3.2010.

3. The appellants are aggrieved by the judgment of learned Single Judge dated 8.3.2006 in Writ Petition No. 31355 of 2004 by which the writ petition claiming interest on the arrears of salary from 6.1.1978 to 31.12.1992, and other retrial benefits was dismissed.

4. Learned Single Judge observed, that the petitioner serving as Cashier in Nagar Palika, Basti, was placed under suspension on 6.1.1978, on the charges of embezzlement of a part of the salary of the employees, to be deposited in recurring deposit scheme. The Writ Petition No. 23306 of 1989 filed by him was disposed of vide order dated 7.1.1993 directing the department to complete the departmental enquiry, and in case of failure, he



















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