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2013 Supreme(All) 1954

SUDHIR AGARWAL
Kameshwar Prasad Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
Manish Goyal for the Petitioner; C.S.C. for the Respondents.

Sudhir Agarwal, J.

1. Heard Sri Manish Goyal, learned counsel for the petitioner at length and learned Standing Counsel for the respondents.

2. Learned Standing Counsel did not propose to file any counter affidavit since the arguments advanced by learned counsel for the petitioner are basically legal and he submitted that this writ petition may be decided after hearing the oral submissions as also the record of this writ petition itself and it is in these circumstances and with the consent of learned counsel for the parties, I proceed to hear and decide this matter finally at this stage under the Rules of the Court.

3. The petitioner, Kamleshwar Prasad Gupta, is a Junior Engineer in Public Works Department ( hereinafter referred to as the "PWD"). He has been placed under suspension vide order dated 16.07.2013 ( impugned order) passed by Engineer-in-Chief ( Development) and Head of Department, Public Works Department, Lucknow on certain acts and omissions constituting misconduct, indication whereof has been given in the impugned order. It alleges that the work quality, standard and specifications of approach road and additional approach road to under construction bridge at Budi Rapti R





















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