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2021 Supreme(All) 855

RAJESH SINGH CHAUHAN
Bipul Raman – Appellant
Versus
State Of U. P. Thru Prin. Secy. Dairy Devp. Govt. Of U. P. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sanjay Kumar Srivastava
For the Respondent: C.S.C., Amar Chaudhary, Lalit Shukla

JUDGMENT :

1. Heard Sri Sanjay Kumar Srivastava, leaned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Lalit Shukla, learned counsel for the U.P. Cooperative Dairy Federation.

2. By means of present writ petition the petitioner has assailed the order dated 26/29-9-2015 passed by the opposite party no. 4 i.e. Chairman, Administrative Committee, U.P. Cooperative Dairy Federation, Lucknow, awarding two punishments against the petitioner i.e. (i) he has been repatriated to his basic pay, and (ii) Censure entry for the year 2013-14 and his integrity for the year 2009-10 has been declared doubtful.

3. At the very outset Sri Srivastava has informed that during the pendency of the present writ petition the petitioner has attained the age of superannuation.

4. The questions to be considered are that :

    (i) As to whether the inquiry officer may give his findings beyond the charges so leveled against the petitioner by means of charge-sheet ?

(ii) As to whether the disciplinary authority may award any punishment contrary to the findings of inquiry report without giving any notice to the petitioner on the disagreement of the findings?

5. The precise facts giving

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