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2022 Supreme(All) 633

NEERAJ TIWARI
Brahamnad Tyagi – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kunal Shah, Suvansit Kumar Jaiswal
For the Respondent: Rajesh Kumar Yadav, Suresh C. Dwivedi

JUDGMENT :

1. Heard Sri Kunal Shah, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri S.C. Dwivedi, learned counsel for the respondent nos. 2, 3 and 4.

2. Present petition has been filed for following reliefs:-

    “I. Issue a Writ, order or direction in the nature of Certiorari quashing the impugned order dated 07.07.2021, issued by Respondent No. 3, being wholly without jurisdiction.

II. Issue a Writ, order or direction in the nature of Certiorari quashing the impugned charge sheet dated 07.07.2022, issued by enquiry officer.”

3. Learned counsel for the petitioner submitted that petitioner was employed in the establishment of respondent no.3 on 01.04.1999 on the post of Head Clerk and he was retired on 30.04.2018. He further submitted that a charge sheet has been served upon petitioner on 07.04.2022, against which, petitioner filed present petition. He next submitted that service of the petitioner is governed by U. P. Agricultural Produce Market Committees (Centralized) Services Regulations, 1984 (hereinafter referred to as the Regulations, 1984) and Regulations, 1984 is having no provision to empower the respondent nos. 2 and 3 to initiate dis

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