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2017 Supreme(All) 1765

SUDHIR AGARWAL, MUKHTAR AHMAD
K. K. SHUKLA – Appellant
Versus
BANARAS HINDU UNIVERSITY – Respondent


Advocates:
Counsel :
Ashish Mishra, Shashi Nandan, Udayan Nandan and Nikhil Agarwal for the Petitioner; Hem Pratap Singh, S.C., V.K. Singh, Vikram D. Chauhan, Virendra Kumar Shukla and V.K. Upadhya for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri Udayan Nandan, learned counsel for the petitioner and Sri Vikram D. Chauhan, learned counsel appearing for University.

2. Petitioner, a Health Officer and working at Banaras Hindu University (hereinafter referred to as “BHU”) has received a punishment order dated 20/22.3.2007 passed by Vice Chancellor (hereinafter referred to as “VC”) of BHU imposing punishment of reduction to a lower stage in the time scale of pay by four stages till retirement i.e. 30.4.2007 with cumulative effect, under Rule 11 (v) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as “Rules 1965”) and has challenged this order by means of present writ petition under Article 226 of Constitution of India.

3. Facts in brief are that petitioner was placed under suspension by VC, BHU vide order dated 5.3.2001 in a pending disciplinary proceeding. A charge-sheet dated 22.11.2001 was served upon petitioner, containing 18 charges, basically alleging violation/contravention of Rule 2.1 (a) (b) (c) of Ordinances governing terms and condition of employees, other than teachers of BHU.

4. By order dated 4.7.2005 VC, BHU appointed o












































































































































































































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