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2021 Supreme(All) 719

RAJESH SINGH CHAUHAN
Sarvesh Kumar Dixit – Appellant
Versus
State of U. P. Thru. Addl. Chief Secy. Msme & Export Promot. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vijay Dixit

JUDGMENT :

1. Sri Vijay Dixit, learned counsel for the petitioner has filed rejoinder affidavit to the counter affidavit filed on behalf of the opposite party no. 2, which is taken on record.

2. Heard Sri Sandeep Dixit, learned Senior Advocate assisted by Sri Vijay Dixit, learned counsel for the petitioner and Sri Vivek Kumar Shukla, learned Standing Counsel for the State.

3. By means of this petition, the petitioner has assailed the dismissal order dated 8.5.2020 passed by opposite party no. 1 (Annexure-1 to the writ petition). The main ground to assail the impugned order of dismissal is that the dismissal order has been passed on the basis of enquiry wherein no date time and place was fixed and the petitioner was not afforded an opportunity of hearing as per law therefore, the enquiry proceeding vitiates and consequent thereto the punishment order of dismissal also vitiates.

4. So as to strengthen his legal submission, the learned Senior Advocate for the petitioner has referred paragraph no. 14 and paragraph nos. 37 to 43 of the writ petition and the reply of the aforesaid paragraphs has been given in the counter affidavit in paragraph nos. 20 and 37 whereby those contents of writ pe

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