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2021 Supreme(All) 1505

CHANDRA DHARI SINGH
Wing Commander Rajesh Kumar Nagar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Dineysh Agrawaal, Anupriya Agrawal, Hari Mohan Mathur, Rajani B. Bajpai.
For the Respondent: C.S.C., Upendra Nath Mishra.

JUDGMENT :

1. Since both the petitions involve common questions of law and fact and co-relate to same person, therefore, both were connected with each other vide order dated 12.04.2017 rendered in Writ Petition No.7624 (SB) of 2017, hence both have been heard together and are being decided by this common order.

2. The writ petition No.2562 (SB) of 2016 has been filed with the following main prayer(s) :

    (a) Issue a writ, order, or direction in the nature of certiorari to quash the order dated 05.02.2016 passed by the respondent as contained in Annexure 10 to the writ petition.

(b) issue a writ order or direction in the nature of PROHIBITION commanding the respondent from passing any order of Major Penalty under second Part of Rule 3 of the U.P. Government Servant (Discipline and Appeal) Rules 1999 and issue a writ order or direction in the nature of certiorari to quash the charge-sheets dated 31.03.2014 and 16.05.2014 as contained in Annexure 1 and 2 to the writ petition along with any adverse order which may be intended to be passed by the respondent.

(c) issue a writ order or direction in the nature of mandamus commanding the respondent not to impose any penalty whatsoever in the light

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