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2012 Supreme(All) 1456

B.AMIT STHALEKAR
DEVENDRA SINGH SISODIYA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.S. Diwekar, Meraj Uddin and Pulak Ganguly for the Petitioner; N.N. Verma, V.K. Singh and C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—Supplementary rejoinder-affidavit filed today is taken on record.

2. This writ petition has been filed by the petitioner seeking quashing of the order dated 22.6.2004 by which the petitioner was removed from the post of Conductor and the Appellate order dated 21.9.2004 rejecting the appeal of the petitioner.

3. The facts of the case, in brief, are that while working on the post of Conductor in the UPSRTC, the petitioner was issued a charge-sheet dated 25.2.2003 by the Assistant Regional Manager, Taj Depot District Agra wherein it was alleged that the petitioner had remained absent from duty for a considerable period of time. It appears that on 30.3.2003 a fresh charge-sheet was issued to the petitioner by the Regional Manager, Taj Depot Agra. An enquiry officer was appointed on 30.9.2003 and the first date of enquiry was fixed on 10.2.2004 at 11 a.m. It is further the case of the petitioner that a show-cause notice was issued to him on 29.1.2004 and thereafter the services of the petitioner were terminated by the order dated 22.6.2004. Aggrieved the petitioner preferred an departmental appeal which too was rejected by the order dated 22.9.2004.




























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