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1992 Supreme(All) 1652

H. N. TILHARI
Rama Kant Misra – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

H.N Tilhari, J. - This petition has been filed for issuing a writ, order or direction in the natur,; of Writ of Certiorari quashing suspension order dated 3889 passed by Deputy Inspector of Schools, GondaOpposite Party No. 2 to this petition.

2. The petitioner's case is that neither in the suspension order there is any indication that the disciplinary proceedings are contemplated against the petitioner on any charges nor since after passing of the suspension order dated 3889 any inquiry officer has been appointed nor has any chargesheet been served on him so far by the Opposite Parties. No inquiry proceedings have started or pending against him. The petitioner's counsel further submits that no subsistence allowance has been directed to be paid to the petitioner under the orders of the suspension. A perusal of the suspension order indicates this defect that no subsistence allowance has been mentioned therein. It also does not indicate that any disciplinary proceedings against the petitioner are contemplated or pending. More than three years have passed on. It is 13th of April, 1992. From the date of the suspension order till this date neither any chargesheet has been served o

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