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2012 Supreme(All) 1047

MANOJ MISRA
OM DUTT TYAGI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ramesh Chand Tiwari, Niraj Tripathi, P.S. Baghel, Shashi Nandan and Vinod Tripathi for the Petitioner; C.S.C. for the Respondents,

JUDGMENT

Hon’ble Manoj Misra, J.—I have heard Sri Shashi Nandan, learned senior counsel assisted by Sri Vinod Tripathi for the petitioner and the learned standing counsel for the respondents and have perused the record. As the pleadings are complete, with the consent of the learned counsel for the parties, the petition is being disposed of finally.

2. By this writ petition, the petitioner has sought for quashing of the order dated 10.5.2011 passed by the Commandant (respondent No. 2), 41st Battalion PAC, Ghaziabad, as also the appellate order dated 2.7.2011 passed by the Deputy Inspector General (respondent No. 4), PAC Meerut Division, Meerut thereby affirming the order dated 10.5.2011, whereby the petitioner has been inflicted with major penalty of reduction to the lowest scale of pay for a period of three years.

3. The relevant facts of the case are that while the petitioner was posted as Head Constable in the 41st Battalion PAC, district Ghaziabad, he and his son were implicated in case crime 304 of 2008 under Sections 420, 467, 468, 471 and 504 I.P.C at P.S. Sector 49, district Gautam Budh Nagar. In reference to the said case, on 22.8.2008, the petitioner was taken into judicial

































































































































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