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2005 Supreme(All) 1872

Ramesh Chandra Yadav Late Sri Babu Ram Yadav – Appellant
Versus
State of Uttar Pradesh through Secretary/Joint Secretary, Irrigation-3 Section, – Respondent


Advocates:
Raj Mohan Saggi,

ARUN TANDON, J.

( 1 ) HEARD Sri Raj Mohan Saggi, Advocate on behalf of petitioner and learned Standing Counsel on behalf of respondent Nos. 7.

( 2 ) LEARNED counsel for the parties agree that the present writ petition may be disposed of finally at the admission stage itself without calling for counter affidavit.

( 3 ) THE petitioner, Ramesh Chandra Yadav, who is working as Senior Clerk/cashier, in the irrigation Department of the State of Uttar Pradesh is aggrieved by order dated 28th December, 2004 as well as the consequential directions issued in pursuance thereof by the Executive engineer, Flood Works, Division, Allahabad dated 5th September, 2005 wherein it has been directed that a sum of Rs. 2600/- per month be deducted from the salary of the petitioner towards loss caused to the State Government because of action or inaction on the part of the petitioner in discharge of official duty.

( 4 ) ON behalf of the petitioner it is contended that aforesaid orders have been passed without holding any disciplinary enquiry against the petitioner. It is submitted that unless and until the petitioner is found guilty for the loss caused to the State Government, the impugned orders fixing l









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