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2015 Supreme(All) 769

SURYA PRAKASH KESARWANI
COMMITTEE OF MANAGEMENT, SAHAB SINGH INTER COLLEGE, DARIYAPUR, HATHRAS – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Pradeep Kumar Pandey for the Petitioner; C.S.C. and Vishnu Kumar for the Respondents.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Shri Pradeep Kumar Pandey, learned counsel for the petitioner, Shri Vikram Bahadur, learned Standing Counsel for respondent Nos. 1,2 and 3 and Shri Vishnu Kumar, learned counsel for respondent No. 4.

2. This writ petition has been filed praying for a writ, order or direction in the nature of Certiorari to quash the order dated 11.7.2014 passed by the Respondent No. 3 whereby the representation of the respondent No. 4 for payment of post retirement benefits has been accepted.

3. Learned counsel for the petitioner submits that the respondent No. 4 was dismissed from service on 15.10.2003 by the appointing authority i.e., Principal of the Institution. The respondent No. 4 had absented himself from duty for about three years since 1.1.2001 due to involvement in criminal cases and when this fact came to the knowledge of the Principal of the Institution, then a senior Assistant Teacher was appointed as enquiry officer and a charge-sheet dated 13.7.2003 was served on the respondent No. 4. The Enquiry Officer sent notices to the respondent No. 4 but he did not respond and as such a report dated 10.10.2003 was submitted by the Enquiry Office







































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