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1988 Supreme(All) 694

S. S. AHMAD, VIRENDRA KUMAR
Shyam Narain Shukla – Appellant
Versus
State of U. P. Others – Respondent


JUDGMENT

S.S. Ahmad, J. - Jamuna Prasad Shukla, petitioner in Writ Petition No. 6759 of 1986 and Shyam Narain Shukla, petitioner in Writ Petition No. 3871 of 1986 were named as accused in FIR lodged at P.S. Kamla Pur, District Sitapur on 28.7,1980 at about 9 P.M. on the basis of which a case under section 302 IPC was registered against them and their associates. They were ultimately found guilty and were, consequently, convicted under Section 302 IPC, in Session Trial No. 946 of 1980 and were sentenced to life imprisonment. Both the petitioners have filed Criminal Appeal No. 100 of 1985 in this Court which has been admitted and both of them have been released on bail.

2. Sri Jamuna Prasad Shukla was placed under suspension by order dated 269.1980 and was dismissed from service by order dated March 28, 1985. The order of dismissal was challenged by him in Writ Petition 1701 of 1985 which was allowed on 12.7.1985 with the following operative order:

For the reasons atated above the writ petition is allowed and the order dated 28.3.1985 contained in Annexure6 is hereby quashed. It will be open to the opposite parties to pass a fresh order after taking appropriate disciplinary proceedings

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