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2004 Supreme(All) 1802

PRADEEP KANT, K.S.RAKHRA
Govind Lal Srivastava – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Appellant : R. C. Tewari, Dr. L. P. Misra and S. C. Misra.
Counsel for the Respondents: R. K. Srivastava.

JUDGMENT

Pradeep Kant and K. S. Rakhra, JJ.—The petitioner, while working as a Block Development Officer, was suspended vide order dated 30.3.1992, in contemplation of disciplinary proceedings. However, the order of suspension was revoked after the issuance of the charge-sheet vide order dated 6.11.1992. A charge-sheet containing several charges was issued and served upon the petitioner on 19.9.1992. Reply to the charge-sheet was submitted by the petitioner on 26.9.1992.

2. It appears that Deputy Development Commissioner, Varanasi was appointed as Enquiry Officer and since after the retirement of the permanent incumbent Sri F. R. Khan from the post of Deputy Development Commissioner, Varanasi, on 30.6.1992, no regular officer was appointed, therefore, the enquiry was proceeded with by the officer who was holding the charge of Deputy Development Commissioner on additional basis, in addition to his own regular charge. The State Government on coming to know that there was no officer regularly appointed as Deputy Development Commissioner, Varanasi, after the retirement of Sri F. R. Khan, realised its mistake and, therefore, appointed Sri B. S. Bhullar as Enquiry Officer vide order dated
















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