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S.C.SEN, B.P.JEEVAN REDDY
State of U. P. – Appellant
Versus
Abhai Kishore Masta – Respondent
Leave granted. Heard counsel for both the parties.
The appeal is directed against the judgment of a Division Bench of the Allahabad High Court (Lucknow Bench) allowing the writ petition filed by the respondent.
While the respondent was working as an Executive Engineer at Etawah he was suspended pending enquiry on 13.10.1983 into certain charges. He challenged the said order by way of writ petition in the Allahabad High Court which was dismissed. Though the enquiry commenced, it was not concluded by the year 1988 when the respondent filed another Writ Petition (No. 4116 of 1988) challenging the continuation of the order of suspension pending enquiry. The High Court suspended the order of suspension pending enquiry on August 8, 1988.
While the said enquiry was pending, the respondent was retired compulsorily under Fundamental Rule 56-J by an order of the Government dated 28th December, 1989. The respondent then filed Writ Petition 1518 of 1990 questioning the same. While this writ petition was pending before the High Court, final orders were passed in the aforementioned disciplinary proceedings on 18th July, 1990, imposing the punishment of reduction in rank,
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