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2015 Supreme(All) 779

D. Y. CHANDRACHUD, YASHWANT VARMA
RAMESH MOHAN SHUKLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.B. Singh for the Appellant; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The special appeal has arisen from a judgment and order of the learned Single Judge dated 8 July 2015. By the judgment impugned, the learned Single Judge has rejected a writ petition challenging the legality of an order dated 8 April 2015 by which the appellant was dismissed from service.

2. The appellant is a Junior Accounts Clerk in the District Rural Development Agency at Fatehpur. An order of suspension was passed against the appellant in contemplation of a disciplinary enquiry. A charge-sheet was issued to the appellant on a charge of misconduct. Four charges were framed. The Enquiry Officer concluded the enquiry ex parte on the ground that despite several opportunities, the appellant had neither filed his statement of defence nor participated in the enquiry. The appellant was dismissed from service after a notice to show-cause and a due opportunity to submit his reply. Principally two submissions were urged in support of the writ proceedings before the learned Single Judge. The first submission was that the enquiry was held under the provisions of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 which have been framed under the proviso to







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