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2017 Supreme(All) 2816

SUDHIR AGARWAL, RAVINDRA NATH MISHRA II
JOGENDRA PAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT :

Ravindra Nath Mishra-II, J.

This writ petition has been filed by the petitioner under Article 226 & 227 of the Constitution of India against Judgment and order dated 30.09.2000 passed by the State Public Service Tribunal, Lucknow dismissing the Claim petition no-545 of 1997.

2. Brief facts unfurled from the enquiry report and impugned judgment are that petitioner, Jogendra Pal, was initially appointed as constable PAC (SPF) on 01.11.1966. From the date of appointment till the date of dismissal, petitioner rendered a very meritorious service. On 12.12.1992 petitioner while performing his duty in Tilak Inter Collage, Bareilly is alleged to have very carelessly shot gun under influence of liquor causing serious injuries to colleague constable Sri Pal Singh. The injuries resulted in his death. Petitioner was medically examined and a FIR was lodged against petitioner bearing crime no-761 of 1992 under section 304A IPC in police station Quila District Bareilly. Petitioner was tried for the above offence. However he was acquitted of the charge on 08.08.1996 after full trial. During pendency of criminal case departmental enquiry was also set up by issuing charge sheet to the petiti































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