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2017 Supreme(All) 1601

NARAYAN SHUKLA, SHEO KUMAR SINGH-I
S. C. Shukla (Now Dead) Smt Sushil Kumari – Appellant
Versus
State of U. P. thr Secy. Appointment Lko – Respondent


Advocates Appeared:
For the Petitioner: J.N.Mathur, B.K.Shukla.
For the Respondent: C.S.C., Ashok Kumar, Ashok Kumar Verma, Gaurav Mehrotra, Manish Kumar, U.N.Mishra.

JUDGMENT

Sheo Kumar Singh-I, J.

1. By means of present writ petition filed under Article 226 of Constitution of India, the petitioner has assailed the enquiry report dated 13.2.1995 contained as Annexure No.7 of the writ petition and the order of removal from services dated 6.2.1996 contained as Annexure No.9 of the writ petition, with further prayer to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to reinstate the petitioner on the post of District Judge with full consequential benefits.

2. The petitioner late Sri Suresh Chandra Shukla was a judicial official and was posted as a District Judge in District Fatehpur in the year 1994 and in the matter of granting a bail, a preliminary enquiry was conducted by the sitting Judge of the High Court and vide report dated 9.5.1994, it was found that the Sessions Judge Fatehpur had absolutely no jurisdiction to take the accused into custody or to entertain the bail application and release the accused on bail. The then Sessions Judge Fatehpur did not complied with the provisions of Section 439 of Cr.P.C. and the direction given by the Court in Circular letters and the bail was granted to the accused






































































































































































































































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