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2011 Supreme(All) 1818

D.K.ARORA
KHARPATTU RAM SHASTRI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Hemant Kumar Mishra for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble D.K. Arora, J.—By means of present writ petition, the petitioner has prayed for quashing of the impugned order dated 16.2.2009 (Annexure No. 1), issued by the opposite party No. 2 whereby petitioner has been dismissed from service. Petitioner has also prayed for a writ in the nature of mandamus commanding the opposite parties not to give effect to the impugned order of dismissal and allow him to continue to work on his post and pay him salary regularly.

2. Facts of the case, as per pleadings of the writ petition, are that the petitioner was appointed on the post of Marketing Inspector in the Department of Food & Civil Supplies on 15.5.1972 and since then he is continuously discharging his duties. In the year 1999, while petitioner was posted as Food Godown Incharge, Sultanpur, disciplinary proceedings were initiated against him. Charge-sheet was served upon the petitioner on 22.12.1999 (Annexure No. 2). From perusal of charge-sheet, it reveals that four charges pertaining to certain irregularities were made against the petitioner. The first charge was against the petitioner that on being attached to the office of the District Food & Marketing Officer, Faizabad on 6.2



































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