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2019 Supreme(All) 1063

SUDHIR AGARWAL
Kapoor Chand Srivastava – Appellant
Versus
Chairman, Zila Parishad, Varanasi – Respondent


Advocates Appeared:
For the Appellant : Arvind Kumar, B.M. Shukla, H.R. Yadav, J. Yadav, Kamleshwar Singh, Sarita Gupta
For the Respondent: S. C., A. Narayan, Lokesh Kumar Dwivedi

ORDER :

Sudhir Agarwal, J.

1. Heard Sri Kamleshwar Singh, learned counsel for petitioner and Sri Lokesh Kumar Dwivedi, learned counsel for respondent-2.

2. Notice was issued to respondent-1, sent by registered post A.D. on 29.01.2019. Office Report dated 07.03.2019 reads as under:

    “Service Report

In compliance of Hon'ble Court's order dated 23.01.19, service report is that neither acknowledgement nor unserved notice has been received in the office as yet.

Report is humbly submitted.”

3. Petitioner has also filed an affidavit of service stating that he has served notice to Clerk working in the office of respondent-1 on 23.04.2019. None has appeared on behalf of respondent-1.

4. In the circumstances, I proceed to hear and decide the matter at this stage after hearing learned counsel for petitioner.

5. This writ petition under Article 226 of Constitution of India has been filed against order dated 08.08.1994 passed by Chairman, Zila Panchayat, Varanasi, terminating petitioner from service.

6. Petitioner was appointed as Clerk in 1966 in educational Institution, managed by Zila Parishad, Varanasi. A charge-sheet dated 11.04.1991 was served upon petitioner containing five charges with evidence r

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