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2013 Supreme(MP) 88

A.K.Shrivastava, G.D.Saxena
Ganesh Kumar Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
D.K. Katare and Arun Katare for appellant;
Vivek Khedkar, Deputy Government Advocate for respondents.

ORDER

Shrivastava, J. -- 1. Feeling aggrieved by the order dated 21.6.2012 passed by learned writ Court in Writ Petition(s) No.994/2004 dismissing the writ petition, the writ petitioner has filed this writ appeal under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

2. The facts leading to this appeal are that the appellant who was a Constable in 26th Battalion, Special Armed Force (SAF) was given a conditional permission by communication dated 17.10.2001 (Annexure P-1) to appear in the examination for the recruitment on the post of Sub-Inspector to be conducted by the Government of U.P. In the said permission/order itself, a condition was embodied that it can be cancelled in exigency of service.

3. The appellant was served with a charge-sheet (Annexure P-7) wherein it was alleged that the aforesaid permission dated 17.10.2001 was cancelled on 4.1.2002 and the said cancellation was specifically communicated to him and he was directed to undergo the training which was to be commenced from 2.1.2002 to 18.3.2002, but, the appellant despite having knowledge to the factum of cancellation of the permission proceeded for the aforesaid selection a


























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