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2021 Supreme(All) 1435

ASHWANI KUMAR MISHRA
Lallan Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: R.B. Tripathi.
For the Respondent: C.S.C., S.C.

JUDGMENT :

1. Petitioner was substantively appointed as Collection Amin on 4.3.1977 and his services were confirmed w.e.f. 4.3.1979 vide order dated 4.6.1990. While in service, a report was submitted by the Naib Tehsildar against the petitioner that his recovery during the relevant period was deficient and was much below the target allotted to him and that he had used indecent language in a review meeting held by the Sub Divisional Magistrate, Ballia. The report also indicated that the petitioner was not touring in his area of recovery nor he furnished tour program, which amounted to an act of misconduct on part of the petitioner. The Naib Tehsildar accordingly submitted this report to the Tehsildar who recommended for his suspension on 14.6.2010. On the basis of such recommendation, an order of suspension was passed against the petitioner by the Sub Divisional Magistrate, Ballia on 17.6.2010. Ultimately a charge-sheet came to be served upon the petitioner on 30.7.2010 by Sub Divisional Magistrate, Ballia containing 8 charges. A Perusal of the charge-sheet would go to show that basis of the charge and proposed disciplinary action is the report of the Naib Tehsildar dated 12.6.2010 a

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