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2017 Supreme(All) 1796

RAJESH SINGH CHAUHAN
RAM NARESH SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Mohd. Ali for the Petitioner; C.S.C. and Sriniwas Bajpai for the Respondents.

JUDGMENT

Hon’ble Rajesh Singh Chauhan, J.—Heard Sri Mohd. Ali, learned counsel for the petitioner and Sriniwas Bajpai, learned counsel for the respondent Nos. 3 and 4.

2. By means of this writ petition the petitioner has assailed the order dated 9.10.2012 passed by the Executive Officer, Nagar Panchayat, Maholi, District Sitapur whereby the petitioner has been dismissed from service. The petitioner has also assailed the order dated 11.8.2016 passed by the Chairman, Nagar Panchayat, Maholi, District Sitapur whereby the statutory appeal of the petitioner which was preferred against the dismissal order dated 9.10.2012 has been rejected.

3. The main ground to impeach the aforesaid impugned orders is that no proper regular inquiry was conducted before imposing major punishment of dismissal inasmuch as Inquiry Officer did not fix any date, time or place for adducing evidence to prove the charge against the delinquent employee before the Inquiry Officer. Inquiry Officer proceeded as if the charges stand proved as levelled in the charge-sheet and it is for the delinquent employee to disprove the same.

4. In order to appreciate the short, legal controversy involved in the writ petition, it m






















































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