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2019 Supreme(All) 1050

PANKAJ MITHAL, PRAKASH PADIA
Shyam Babu Vaish – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Tarun Agarwal, Adv., Ravi Kant, Adv., Siddharth Khare, Adv., Manish Goyal, Adv., Ranjan Srivastava, Adv., Yashwant Varma, Adv.

JUDGMENT :

1. The petitioner who was a member of the U.P. Higher Judicial Service and retired on 30.06.2006 as District Judge has preferred this writ petition questioning the punishment order dated 07.11.2012 passed by the Hon'ble Governor of U.P. (Annexure-14) withholding 50 per cent of his pension on the recommendation of the High Court.

2. The petitioner as District Judge, Barabanki got conducted examination for the selection of class-III (including clerks and stenographers) and class-IV employees of the Judgeship for which purpose he constituted two independent committees of 5 and 3 members respectively under the Chairmanship of two different Senior Judicial Officers of the district.

3. An advertisement inviting applications for the purposes of the above recruitment was published on 30.07.2004 in the newspapers. The examination for class-III and class-IV posts were held on 29.09.2004 in accordance with the provisions of U.P. Subordinate Civil Courts Ministerial Establishment Rules, 1947/Rules for Recruitment of Ministerial to the Subordinate Offices, 1950 and the provisions of U.P. Subordinate Civil Court Inferior Establishment Rules, 1955 respectively. The result of the class-III

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