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2009 Supreme(All) 1581

C. K. PRASAD, DILIP GUPTA
L P SINGH – Appellant
Versus
CHAIRMAN U P POWER CORPORATION SHAKTI BHAWAN LUCKNOW – Respondent


Advocates Appeared:
J.P.PANDEY, SANJAY KUMAR,

DILIP GUPTA, J.

Writ petitioner-appellant herein, aggrieved by the order dated 5th March, 2009 passed by a learned Single Judge in Writ Petition No. 12572 of 2009, has preferred this Appeal under Rule 5 Chapter VIII of the High Court Rules.

Short facts giving rise to the present Appeal are that writ petitioner-appellant at the relevant time was working as Junior Engineer. An inspection was held by several officers including three Executive Engineers and they submitted report dated 9th January, 2009 regarding recovery of 150 single phase electronic Alimar make unsealed Meters. On the allegation that the writ petitioner-appellant was entrusted with the job of changing the Meter, the Superintending Engineer passed an order placing him under suspension.

Writ petitioner-appellant challenged the same interalia contending that he has been suspended without any basis and further the order of suspension does not show that any departmental inquiry is contemplated. Counter affidavit was filed on behalf of the respondents in which it was stated that the writ petitioner-appellant was placed under suspension in contemplation of a departmental inquiry and in-fact request has been made for appoint














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