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2024 Supreme(All) 591

SANGEETA CHANDRA, AJAI KUMAR SRIVASTAVA I
Rakesh Babu – Appellant
Versus
U. P. Rajkiya Nirman Nigam Ltd. , Thru. Its Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Shireesh Kumar, Utkarsh Kumar.
For the Respondent: Shishir Jain.

JUDGMENT :

1. Heard the learned counsel for the petitioner and the learned A.G.A. appearing for the State.

2. This writ petition has been filed with the following main prayers:-

    "(i) issue a writ, order or direction in the nature of Certiorari quashing the order dated 26.06.2023 as contained in Annexure No.8 to this writ petition and declare the petitioner entitled to all consequential service benefits.

(ii) issue any other appropriate writ, order or direction which is deemed just and proper in the nature and circumstances of the case in favour of the petitioner in the interest of justice along with the cost of this writ petition."

3. Such relief has been sought on the grounds (as mentioned in the writ petition) that the impugned order dated 26.06.2023 has been passed in violation of mandatory provisions of Section 19 of the Prevention of Corruption Act and ignoring the fact that the petitioner has not committed any criminal misconduct within the meaning of Section 13 (1) (b) and Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred as the Act of 1988).

4. It has also been stated that initially a Departmental Inquiry was held against the petitioner on the basis o

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