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2023 Supreme(All) 1439

ABDUL MOIN
Pradeep Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dilip Kumar Gautam.

JUDGMENT :

ABDUL MOIN, J.

1. Heard learned counsel for the petitioner and learned Standing counsel appearing on behalf of the State-respondents.

2. With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided.

3. Instant writ petition has been filed praying for quashing of the order dated 22.06.2023, a copy of which is Annexure 1 to the writ petition as well as praying for a mandamus commanding the respondents to pay full salary to the petitioner during his suspension period from 06.09.2011 till 24.10.2016.

4. The case set forth by the petitioner is that while the petitioner was working as Assistant Teacher, a First Information Report was lodged against the petitioner in the year 2011 registered as Case Crime No. 528 of 2011 under Section 498-A, 304 B I.P.C and 3/4 of the Dowry Prohibition Act. The petitioner was arrested on 07.09.2011 and thereafter enlarged on bail on 20.09.2016. His arrest entailed the respondents to place the petitioner under deemed suspension w.e.f. 06.09.2011 which continued till 14.11.2016. No departmental proceedings were initiated against the petitioner. It is contended that the petitioner has subs

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