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1986 Supreme(All) 757

BRIJESH KUMAR
Mahendra Pratap Rai – Appellant
Versus
State of U. P. Others – Respondent


JUDGMENT

Brijesh Kumar, J. - This petition has been filed against the order of Tribunal passed on the claim petition of the petitioner against the order of his termination and another order by which a sum of Rs. 26,579, 32P was sought to be recovered from the petitioner The claim petition has been dismissed on the ground that it is barred by time. The notice of this petition has been accepted by the Chief Standing Counsel. Since a short question is involved, the counsel for the parties have agreed that the petition may be finally disposed of at this stage.

2. The tribunal has observed that the order for recovery of the amount was passed on 2791974 against which the petitioner had preferred an appeal on 971975. The order of termination was passed on 30101976 against which the petitioner had preferred an appeal on 17111976. Thereafter the Tribunal went on to observe that both the appeals were filed; much beyond time. I think this could not be said at least for the appeal which was filed against the order of termination. It would be evident from the order of Tribunal itself that the appeal against the order of termination was filed on 17111976 whereas the order of termination was passed

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