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2023 Supreme(All) 444

NEERAJ TIWARI
Pushpa Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Yashpal Yadav, Sunil Kumar Yadav.
For the Respondents: Kartikeya Saran.

ORDER :

(Neeraj Tiwari, J.)

1. Heard learned counsel for the petitioner, learned standing counsel for the respondent No. 1 and Sri Vinayak Ranjan, Advocate, holding brief of Sri Kartikeya Saran, learned counsel for the respondent No. 2.

2. The case was heard on 17.11.2022 and the Court has passed the following order:

    "Shri Kartikeya Saran, learned counsel for the respondents prays for and is granted four weeks and no more time to file counter affidavit.

List this matter on 15.12.2022.

Interim order, if any, is extended till the next date of listing."

3. Despite order dated 17.11.2022, no counter affidavit has been filed on behalf of respondent No. 2 who has passed the impugned order dated 27.05.2022.

4. In such view of the matter, the Court proceeded to decide the case on merits.

5. Learned counsel for the petitioner submitted that husband of petitioner was working on the post of Jr. Engineer. During his posting at Shamli, a charge sheet dated 23.02.2021 was served upon him, but before submission of reply to the charge sheet, he died on 02.05.2021 due to heart failure (the date of death of husband of petitioner has been wrongly transcribed as 02.05.2022 in the order of this Court da

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