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2013 Supreme(All) 2524

RAJES KUMAR, MAHESH CHANDRA TRIPATHI
ABHA GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Manish Goyal for the Petitioner; Yogesh Kumar Yadav and Mahendra Pratap Yadav for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—Heard Sri Manish Goyal, learned counsel for the petitioner, Sri Yogesh Kumar Yadav, learned Standing Counsel appears on behalf of respondent Nos. 1 to 5 and Sri Mahendra Pratap Yadav, Advocate, appears on behalf of respondent Nos. 8, 9 and 10.

2. By means of the present petition, the petitioner is challenging the order dated 2.9.2011 passed by respondent No. 1 whereby the petitioner has been awarded a major punishment by way of downgrading her from Medical Officer Level -2 to Medical Officer Level-1.

3. In the year 2008, the petitioner was posted as a senior-most Women Medical Officer at District Joint Hospital, Maharajganj. On 5.6.2008, one Saroj, daughter of Sri Ramanand Shahni, filed an FIR against one Sri Dharmendra, alleging that she had been raped by him on 26.5.2008. In pursuance thereof, a case Crime No. 940 of 2008, under Section 376 I.P.C. was registered. Pursuant to the FIR, Saroj was brought to the District Joint Hospital, Maharajganj at about 11-30 a.m. for her medical examination. She had been examined by the petitioner. Upon physical examination of Saroj, the petitioner prepared a report. The report is Annexure-2 to the writ petition.










































































































































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