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2020 Supreme(All) 1436

SUDHIR AGARWAL, VIRENDRA KUMAR II
Janardan Prasad Yadav – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.P. Singh

JUDGMENT :

1. Heard Sri A.P. Singh, learned Senior Counsel assisted by Sri Amrendra Pratap Singh, Advocate for appellant and learned Standing Counsel for respondents.

2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952")has arisen from judgment dated 20.04.2007 passed by learned Single Judge by dismissing appellant's Writ Petition No.484 (S/S) of 1987 filed against punishment order of dismissal dated 29.09.1986.

3. Learned counsel for appellant contended that a major punishment of dismissal has been imposed upon appellant without holding any oral enquiry whatsoever. Appellant, at no point of time, admitted charge levelled against him.

4. Learned Single Judge, however, relying on Supreme Court's decision in L.K. Verma Vs. HMT Ltd. and Another 2006 (2) SCC 269 has observed that when reply was not given to charge-sheet, it amounts to admission of allegation levelled against him and, therefore, punishment is justified.

5. It is submitted by learned Senior Counsel that judgment of L .K . Verma (supra) has wro

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