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2021 Supreme(All) 420

MANOJ MISRA, ROHIT RANJAN AGARWAL
Brij Bhushan Maurya – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant :Uma Nath Pandey, Shri Ashok Khare, Sr. Advocate.
For the Respondent: C.S.C.

JUDGMENT :

1. This intra-court appeal arises from a judgment and order, dated 02.03.2021, of a Single Judge in Writ A No. 8811 of 2020 whereby the writ petition of the appellant assailing a punishment order of reversion, dated 01.10.2020, has been dismissed.

2. The factual matrix of the case is as follows:-

    (i) The appellant (writ petitioner) gained entry in service through U.P. Public Service Commission (for short the Commission) and, at the relevant time, was posted as District Inspector of Schools (for short DIOS), Basti. With reference to his functioning as DIOS Basti, he was served a charge-sheet, dated 17.05.2006, levelling upon him a charge that he granted permission/ approval for payment of salary to one Class C and three Class D employees appointed in educational institutions (i.e. M.P.B.P. Balika Inter College, Harraiya, Basti and Kishan Inter College, Bhanpur, Basti) without prior concurrence/ recommendation of the Regional Level Committee headed by Joint Director of Education, as was required by the Government Order dated 19.12.2000, and by doing so he violated the Government Order. With reference to this charge-sheet, a report exonerating the appellant was submitted on 02

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