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2018 Supreme(All) 114

VIVEK KUMAR BIRLA
MAHIPAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Satyendra Narayan Singh and Indar Pal Singh Malik for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Vivek Kumar Birla, J.—Heard Sri Satyendra Narayan Singh, learned counsel for the petitioner as well as Sri Rakesh Kumar Mishra, learned Standing Counsel appearing for the State respondents and perused the record.

2. Pleading between the parties have been exchanged and with their consent, the present petition is being decided finally at the admission stage itself.

3. Present petition has been filed challenging the impugned order dated 9.5.2013 passed by the respondent No. 2 and the order dated 30.8.2012 passed by the respondent No. 3 and the order dated 1.8.2011 passed by the respondent No. 4 respectively.

4. By the impugned order dated 1.8.2011 passed by the respondent No. 4, the petitioner was dismissed from service under Rule 4 (1) (ka) (i) read with Rule 14 (1) (ka) (i) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991. Against the same, appeal filed by the petitioner was dismissed vide order dated 30.8.2012 and the revision filed by the petitioner was also dismissed vide order dated 9.5.2013. All such orders are under challenge in the present petition.

5. Brief facts of the case are that the charge against the petitioner was tha

















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