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2023 Supreme(All) 1099

AJIT KUMAR
Vinod Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajesh Kumar Pandey.

JUDGMENT :

AJIT KUMAR, J.

1. Both above petitions are being heard and decided together as they raise common question of law and facts.

2. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

3. Learned Advocate appearing for the petitioner in Writ (A) No. 17855 of 2022 has argued that charge-sheet that was issued to the petitioner leveling certain charges to set up in motion disciplinary proceedings, had no approval of the competent authority as per the Uttar Pradesh Police Officers of Sub-ordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as 'Rules, 1991'). This Court while entertaining this petition noted the ground raised by petitioner and directed that the disciplinary proceedings pursuant to the charge-sheet in question shall abide by decision of the petition.

4. It transpires that while the matter remained pending before this Court and counter affidavit was filed, the department proceeded to issue another charge-sheet and now this time by the Additional Deputy Commissioner, Agra with the approval of the higher competent authority. This charge-sheet has now come to be challenged in the writ petition being Writ (A)

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