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2016 Supreme(All) 560

TARUN AGARWALA, PRABHAT CHANDRA TRIPATHI
STATE OF U. P. – Appellant
Versus
SUBH KARAN SINGH GAUTAM – Respondent


Advocates:
Counsel :
Piyush Shukla and C.S.C. for the Petitioner; Pratik J. Nagar, D.K. Mishra and O.P. Mishra for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Against the order of the Tribunal dated 28.1.2015 quashing the adverse entry for the years 1991, 1986-87 and 1987-88 the State of U.P. has filed the present writ petition.

2. The facts leading to the filing of the writ petition is, that the respondent No.1 was a Senior Cane Development Inspector and was awarded an adverse entry on 10.1.1994 for the year 1991. Similarly, by an order dated 17.5.1995, adverse entries for 1986-87 and 1987-88 were awarded pursuant to an action taken in disciplinary proceedings. The respondent preferred a representation against the adverse entries, which was rejected by an order dated 6.7.1996. The said respondent, being aggrieved, filed a claim application for the quashing of the orders dated 10.1.1994, 17.5.1996 and 6.7.1996. The Tribunal by an order dated 28.1.2015 allowed the claim application on the short ground that the adverse entries were not communicated to the respondent No.1 and reference was not decided within the stipulated period as provided under Rules 4 and 5 of the U.P. Government Servants (Disposal of Representation against Adverse Annual Confidential Reports and Allied Matters), Rules, 1995 (hereinaf






























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