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2014 Supreme(All) 156

TARUN AGARWALA, ANIL KUMAR SHARMA
AWADH NARAYAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dr. S.K. Yadav for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner is working as a Clerk and was posted in various offices of the District Supply Office in various districts of Uttar Pradesh. At the relevant moment of time, the petitioner was posted in the District Supply Office at Ghaziabad. A criminal case was registered against certain employees in the year 1995 in which the petitioner was not named. It is alleged that charge-sheet against these persons was filed and the petitioner was named as a witness. However, on 28.7.2003 the petitioner was arrested, but, subsequently was enlarged on bail by an order dated 5.9.2003. On account of his detention, the petitioner was suspended by an order dated 2.8.2003. The petitioner was applied for revocation of the suspension order. The District Magistrate initiated an inquiry, in which an inquiry report was submitted and, based on this inquiry report, the District Magistrate passed an order on 12.2.2004 revoking the suspension order and reinstating the petitioner.

2. On 16.9.2006 the Senior Superintendent of Police issued a letter to the District Magistrate requesting him to grant permission for prosecuting the petitioner in Case Crime No. 201 of 1995. Opinion from the

























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