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2023 Supreme(All) 1917

DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
Cantonment Board Meerut Thru. Chief Executive Officer – Appellant
Versus
Anuj Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjeev Singh,Ajay Kumar Singh
For the Respondent: Gaurav Mehrotra, A.S.G.I., Anant Khanna, Chinmay Mishra, Lalta Prasad Misra

JUDGMENT :

(1) Heard Sri Satish Chandra Mishra, learned Senior Advocate assisted by Sri Sanjeev Singh, Sri Ajai Kumar Singh and Ms. Shataxi Shukla, Advocates for the appellants, Dr. L. P. Misra, Sri Gaurav Mehrotra, Sri Rohit Agarwal, Sri Chinmay Mishra and Sri Anant Khanna for the respondent No.1 and Sri Nishant Shukla, learned Counsel representing respondent No.2 and 3 and perused the records available before us on this Special Appeal.

(2) Invoking the jurisdiction of this Court under Chapter VIII Rule 5 of the Rules of the Court, this intra-Court appeal questions the judgment and order dated 27.04.2023 passed by the learned Single Judge whereby Writ-A No. 14919 of 2021 filed by the respondent No.1/petitioner has been allowed and the order of punishment of dismissal from service dated 14.08.2019 and the resolution of the Cantonment Board dated 14.08.2019 as also the order passed by the appellate authority rejecting the appeal against the punishment order, dated 01.06.2021 have been quashed. Learned Single Judge while allowing the writ petition has also directed the appellants-Cantonment Board, Meerut to re-instate the respondent No.1/petitioner in service alongwith all consequentia

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