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2023 Supreme(All) 1274

J. J. MUNIR
Rajesh Kumar Saraswat – Appellant
Versus
Director Board of U. P. Power Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Indra Raj Singh, Adarsh Singh, Varun Kumar Agnihotri.
For the Respondents: Abhishek Srivastava, Manu Ghildyal.

JUDGMENT :

J.J. MUNIR, J.

1. The petitioner, who was an Office Assistant-III/Cashier (Revenue) in the employ of the U.P. Power Corporation Limited (for short ‘the Corporation’) impugns his dismissal from service vide order dated 07.12.2021 passed by the Chairman of the Corporation as well as the order dated 17.09.2022 passed by the Board of Directors of the Corporation, dismissing the petitioner’s appeal and affirming the Disciplinary Authority.

2. The facts giving rise to this petition are that the petitioner was appointed as an Office Assistant-III under the Dying-in-Harness Rules, favoured with a compassionate appointment on account of his father’s demise in harness. The petitioner’s father was a Junior Engineer. He died on 12.08.2008. The petitioner was appointed on 20.11.2008. The petitioner joined service on the date the letter of appointment was issued and commenced discharging his duties. The petitioner was appointed in the office of Superintending Engineer, Dakshinanchal Vidyut Vitran Nigam Limited, District Hathras. The petitioner was transferred to the newly created off

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