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2000 Supreme(MP) 712

FAIZAN UDDIN, N.G.KARAMBELKAR
STATE OF M. P. – Appellant
Versus
S. S. BHADAURIA – Respondent


Advocates Appeared:
J.D.Suryavanshi

FAKHRUDDIN, J.

( 1 ) HEARD. THIS petition is filed under Article 227 of the Constitution of India against the order dated 24-8-1998 passed by the Tribunal in O. A. No. 777/1998. The respondents had filed this original Application, which came up for hearing on 24-8-1998. On behalf of the State Shri p. D. Agarwal, Panel Lawyer had appeared and reply was not filed by him. The Tribunal has specifically noted that reply has not been filed. There is no use to give more time to the respondents to file reply, as the facts of this case are not in dispute. The Tribunal, therefore, in view of this statement proceeded to decide the matter and held that before initiating enquiry after the retirement of the applicant, prior sanction of the Governor had not been taken. The order initiating departmental proceedings against respondent S. S. Bhadoriya was quashed. The Tribunal, however, in the impugned order gave liberty to the State to initiate such enquiry afresh after removing the infirmities.

( 2 ) THEREAFTER, the State filed M. A. No. 251/1998, i. e. , review petition, on 3-10-1998. This review petition was barred by time. No application for condonation of delay was filed. The Tribunal issued n











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