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2024 Supreme(All) 277

ABDUL MOIN
Ray Sahab – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Food And Civil Supplies, Lko. – Respondent


Advocates Appeared:
For the Petitioner: Anurag Shukla, Satish Kumar Sharma.
For the Respondents: Anurag Srivastava, Manoj Kumar Rai.

JUDGMENT :

1. Personal affidavit of Principal Secretary, Food & Civil Supplies, Lucknow dated 19.02.2024 filed today in Court by the learned Additional Chief Standing Counsel be kept on record.

2. Personal affidavit was required by this Court in terms of the order dated 16.01.2024 which for the sake of convenience is reproduced below:-

    "1. Heard.

2. In pursuance to the orders dated 14.02.2023 and 23.02.2023, a supplementary counter affidavit has been filed on 02.03.2023. By placing reliance on the said affidavit, the contention of learned Standing counsel is that the District Magistrate, on an application moved by the petitioner, passed an order dated 06.05.2022, a copy of which is annexure SCA-1 to the said affidavit, per which the Additional District Magistrate was required to examine the explanation of the petitioner and submit a report.

3. In pursuance thereof, the Additional District Magistrate examined the explanation of the petitioner in presence of the Naib Tehsildar, Salon and five other officers and in respect of which an order dated 18.05.2022, a copy of which is annexure SCA-2 to the said affidavit, was also passed.

4. It is contended that the inquiry report was not submitted

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