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2021 Supreme(All) 1374

IRSHAD ALI
Rajendra Kumar Jain – Appellant
Versus
Scooters India Ltd. Thru M. D. – Respondent


Advocates:
Advocate Appeared .
For the Appellant . A.K.Chaturvedi, D.K.Dixit
For the Respondent . S.C.Misra, R.C.Tiwari,Subhas Chandra Pandey

JUDGMENT .

Irshad Ali, J.

1. Heard Sri Asit Kumar Chaturvedi, learned Senior Advocate assisted by Sri Ashwani Kumar Singh, learned counsel for the petitioner and Sri R.C. Tiwari, learned counsel for respondent Nos.1 to 3.

2. The present writ petition has been filed challenging the order of termination dated 26.9.1981, passed by the respondent No.3 (Annexure-2 to the writ petition) with the further prayer to issue a writ of mandamus commanding the respondents to reinstate the petitioner in service with full back wages and all consequential benefits accrued to the post of the petitioner and to quash the order dated 23.12.1992 (Annexure-7 to the writ petition).

3. Fact of the case is that the petitioner was granted appointment on the post of Semi-Skilled Mechanist in the respondent-department on 4.3.1975. While working on the said post, a First Information Report under Section 307/34 IPC and Section 25 of Arms Act was lodged against him and a Case Crime No.560/1981 was registered at Police Station Krishna Nagar, District Lucknow. The petitioner was arrested and was sent to jail, therefore, he could not discharge his duties in the respondent-department.

4. Vide order dated 26.9.1981, the se

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