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2023 Supreme(All) 548

PRAKASH PADIA
Mahendra Shukla – Appellant
Versus
State Of U. P. Thru Secy. Govt. Of U. P. Lkw. – Respondent


Advocates Appeared:
For the Petitioner: Satyendra Pandey, Vishal Tandon.

JUDGMENT :

(Prakash Padia, J.)

1. The petitioner has preferred this Writ Petition for issuance of a writ of certiorari to quash the order dated 22.09.2000 passed by the respondent No.3/District Magistrate Ballia as well as order dated 30.04.2003 passed by respondent No.2/Commissioner, Azamgarh Region Azamgarh, which was communicated to the petitioner on 04.06.2003.

2. Brief facts of the case are that petitioner while posted at the office of District Supply Officer Ballia, was suspended by the respondent No.3/ District Magistrate Ballia vide its order dated 13.01.2000 and District Supply Officer was appointed as Enquiry Officer. District Supply Officer/Enquiry Officer/respondent No.5 served charge-sheet upon the petitioner on 29.04.2000 on the basis of certain paper which were never provided to the petitioner with a direction to submit reply. The petitioner submitted his reply/explanation vide letter dated 04.05.2000 denying all the charges made in the charge-sheet.

3. After submission of the reply, the petitioner was anticipating that a regular enquiry be conducted in the matter and he shall also be afforded an opportunity to cross examine the witness of prosecution and test the cr

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