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2012 Supreme(UK) 127

TARUN AGARWALA
JAMAL AHMAD – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner: Mr. Rakesh Thapliyal, Adv., assisted by Mr. Lalit Sharma, Adv.
For the Respondents: Mr. N.S. Pundir, Brief Holder

JUDGMENT

Heard Shri Rakesh Thapliyal, the learned counsel for the petitioner and Shri N.S. Pundir, the learned Brief Holder for the State.

2. The facts leading to the filing of the writ petition is, that the petitioner was working as a Naib Nazir in Tehsil Haldwani. A first information report was lodged against the petitioner in the year 1983, on the basis of which the petitioner was suspended. Based on the investigation, a criminal chargesheet was filed and the criminal proceedings proceeded u/S 218 and 409 I.P.C. Eventually, the petitioner was honourably acquitted by a judgment of the criminal court on 27th June, 2005. However, pursuant to the irregularities in the manipulation of the registers and embezzlement of the State exchequer, departmental proceedings was also initiated against

the petitioner and a chargesheet was issued. The petitioner submitted a reply and, since the reply was not found satisfactory, an Inquiry Officer was appointed who conducted the inquiry. It has come on record that the petitioner did not participate in the domestic inquiry which resulted in ex-parte proceedings against him. The Inquiry Officer, on the basis of the evidence collected, submitted an i





























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