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2010 Supreme(All) 4395

SUNIL AMBWANI, JAYASHREE TIWARI
SHARDA RAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.P. Sharma, H.N. Singh, Suresh Gupta and S.P. Saroj for the Petitioner; P.S. Baghel, C.S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner has prayed for a writ of certiorari to quash the order dated 7.2.2008 communicated to him by the Special Secretary, Irrigation Department-6, Government of U.P., on behalf of the Governor of U.P. in consultation with the U.P. Public Service Commission reverting him to one stage lower than the post held by him after holding a departmental enquiry.

2. The petitioner was at the relevant time from 22.5.2003 to 9.5.2005, serving as Executive Engineer, Tubewell Division, Siddharthnagar. He was appointed as Chairman of the Selection Committee for selections to the posts of Nalkoop Mistris. A large number of irregularities were reported in the selections on which a charge sheet was served upon the petitioner alleging that he had orally dictated the marks awarded to the candidates in respect of their educational qualifications and for certificates of sports, prohibited by Rule 5 (4) (c) of the U.P. Procedure for Direct Recruitment for Group ‘C’ Posts (Outside the Purview of the U.P. Public Service Commission) Rules, 2002. He thus against the provisions in the Rules had knowledge of the marks awarded to the candidates. He was also charged with preparing the



























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