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2021 Supreme(All) 1424

SUNITA AGARWAL
Anil Kumar Gupta – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Petitioner: M.D. Singh
For The Respondent: S.C.

JUDGMENT :

1. Heard Sri Anil Kumar Gupta, the petitioner (in person) and learned Standing Counsel for the State respondents.

2. The Writ-A No. 6055 of 1989 (Anil Kumar Gupta vs. State Of U.P. and other) had been filed against the order dated 25.3.1989 of simplicitor termination of the services of the petitioner. The said writ petition was dismissed for want of prosecution on 12.7.2001.

The office has reported that a restoration application seeking for recall of the order dated 12.7.2001 had been filed in the Registry in the year 2003 but the same could not be traced despite best efforts made by the section concerned. The order sheet does not indicate that the said restoration application had been decided. The office has, therefore, collected the photo copy of the recall application from the office of the then counsel for the petitioner in order to reconstruct the same. The office report dated 22.3.2021 for re-construction of the restoration application is accepted.

The restoration application had been filed with the contention that the case could not be marked by the office of the then counsel for the petitioner and the absence of the counsel was not deliberate. The explanation offered

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