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2023 Supreme(All) 1613

AJIT KUMAR
Keshav Dev – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sanjay Maurya, Manish Kumar Pandey.

JUDGMENT :

1. Heard Sri Sanjay Maurya, learned counsel for the petitioner and Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the Stat respondents.

2. The petitioner is aggrieved by the order of disciplinary authority imposing major penalty of dismissal from service vide order dated 19th March, 2020 and appellate order dated 20th August, 2020.

3. It is submitted that on the point of findings returned in the enquiry officer's report bringing home the charge against the petitioner regarding alleged incident where one Kanhaiya Lal was robbed by the petitioner of Rs. 4 lacs and odd that he was carrying in pocket. Except for the statement of his friend, namely Bobby @ Gopal Sharma who accompanied him, there was no other evidence available to the enquiry officer, intrinsic enough, on the touchstone of principles of preponderance of probability, to hold petitioner guilty of the charge.

4. It is next submitted that charges the were levelled against petitioner were same as alleged in the first information report lodged by the victim Kanhaiya Lal five days after the alleged incident.

5. It is also submitted that except the statement of Kanhaya Lal, the main victim and Gopal Sha

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