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2014 Supreme(All) 15

RAJES KUMAR
SHAYAMA CHARAN TRIPATHI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Amit Saxena, P.K. Asthana and Shyam Bahadur for the Petitioner; C.S.C. and Anurag Sharma for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—Heard Sri Shyamal Kumar, learned counsel for the petitioner and the learned Standing Counsel, appearing on behalf of the respondents.

By means of the present petition, the petitioner is challenging the impugned punishment order dated 7th October, 2005, appellate order dated 4th July, 2006 and the order dated 16th January, 2007, rejecting the Review Application.

2. The brief facts, as set up by the petitioner in the writ petition, are that in the month of August, 2001, the petitioner was posted as a Junior Clerk in the office of the Assistant Commissioner, Excise, Kaushambi. During the tenure of his posting in the district of Kaushambi, on 5th October, 2002, the petitioner received an information in regard to sudden illness of his mother as a consequence of which, the petitioner moved an application for one day leave to visit his house at Allahabad in order to look after his ailing mother on which the respondent No. 3 granted the leave and permitted the petitioner to leave the station also. On reaching to Allahabad, the petitioner found that his mother is seriously ill as a consequence thereof, he remained at Allahabad and was unable to join his duty












































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