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2016 Supreme(All) 162

MANOJ KUMAR GUPTA
MAHENDRA PRAKASH SRIVASTAVA – Appellant
Versus
DISTRICT JUDGE ALLAHABAD – Respondent


Advocates:
Counsel :
Satish Dwivedi for the Petitioner; Manish Goyal and Rajeev Gupta, S.C. for the Respondents.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—The petitioner, a class III employee of the judgeship of Allahabad retired on 31.3.2011 on attaining the age of superannuation. By impugned order dated 12.11.2013 passed by the first respondent (District Judge, Allahabad), he has been punished in a disciplinary proceeding held against him by providing for deduction of 20% of his pension. In the year 2004, it transpired that the record of Misc. Case No. 285 of 1978 Rajkali v. State, decided on 13.1.1979 is not traceable. At the relevant time, the petitioner was posted as Misc. Case Clerk. A preliminary enquiry was held by Civil Judge (Senior Division) (East), Allahabad following which a report dated 20.5.2005 was submitted holding the petitioner prima facie guilty of loss of record. By an order dated 9.9.2005, the District Judge, Allahabad directed for holding a regular departmental enquiry against the petitioner. The Additional Chief Judicial Magistrate, Court No.5 was appointed as Enquiry Officer and he was required to frame the charge-sheet and after getting it approved from the District Judge, Allahabad to proceed with the enquiry. Subsequently, the second respondent (Additional Sessions Jud



































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