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2013 Supreme(All) 2134

DEVI PRASAD SINGH, VISHNU CHANDRA GUPTA
AMRENDRA NARAYAN SINGH – Appellant
Versus
REMOTE SENSING APPLICATION CENTRE, LUCKNOW – Respondent


Advocates Appeared:
L.P. Shukla for the Petitioner; C.S.C., A.K. Verma (Additional C S C, Alok Sharma, Ashok Sharma, Dipak Seth and Jaideep Narain Mathur for the Respondent.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—In these writ petitions, common question of facts and law are involved, hence are being decided by present common judgment. Writ Petition No. 11 of 2004 is taken as leading writ petition.

2. These are the petitions under Article 226 of the Constitution of India. Substantial question of law of public importance involved in the present writ petition is whether on the recommendation and finding recorded by Lokayukta, a statutory authority under U.P. Lokayuktas Act, 1975 (in short, 1975 Act), services of an employee, may be dispensed with without following service rules. In the present case, the petitioner happens to be the officer/Scientists of a body constituted under Societies Registration Act. The further question involved is whether an action may be taken by an authority of Society not empowered under the Memorandum or Rules of the Association ?

(i) FACTS AND RULES

3. Keeping in view the lengthy argument and pleading pressed by parties’ counsel, the writ petitions are decided under the following heads :

(i) Facts & Rules

(ii) Appointment of Director

(iii) Defence set up by the respondents and filing of false affidavit

(iv) Proceeding before Lo

























































































































































































































































































































































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