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2017 Supreme(All) 317

SUDHIR AGARWAL, RAVINDRA NATH MISHRA II
STATE OF U. P. – Appellant
Versus
CHUNNU KHAN – Respondent


Advocates:
Counsel :
C.S.C. and Mohd. Tabrez Iqbal for the Petitioners; G.K. Pandey, A.K. Srivastava, C.S.C., K.P. Singh, Mohd. Tabrez Iqbal, Nalini Jain and Sanjay Kumar for the Respondent.

JUDGMENT

By the Court.—Heard learned Standing Counsel, appearing on behalf of petitioner and perused the record.

2. This writ petition under Article 226 of Constitution of India has been filed by State of U.P. and its authorities assailing judgment and order dated 21.7.1995 passed by State Public Services Tribunal, Lucknow (hereinafter referred as “Tribunal”) in Claim Petition No. 368/F/III 1987.

3. Tribunal has allowed aforesaid claim petition filed by claimant-respondent and set aside punishment order dated 25.6.1981 and directed for reinstatement with all consequential benefits.

4. Claimant-respondent was Jeep driver and that vehicle was stolen on 23.6.1981. A report was also lodged about theft of aforesaid vehicle at P.S. Kotwali, Chowk, District Lucknow. Thereafter claimant-respondent was placed under suspension and departmental enquiry was conducted after serving a charge-sheet upon claimant-respondent that he was negligent in taking care of vehicle as a result whereof it was stolen. The entire charge contained in charge-sheet dated 26.11.1991 is reproduced as under :

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