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2016 Supreme(All) 3606

ABHINAVA UPADHYA
Bani Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- B.N. Pandey,Daya Nand Pandey
For the Respondent:- C. S. C.

JUDGMENT

Abhinava Upadhya, J.

1. By means of this writ petition the petitioner has challenged the order of dismissal, after inquiry, dated 5.9.2009 and appellate order dated 14.2.2010 by which the appeal of the petitioner has been dismissed as well as revisional order dated 21.2.2011, by which the revision of the petitioner has also been dismissed.

2. A disciplinary proceeding was drawn against the petitioner pursuant to his unauthorized absence from service. The petitioner had taken three days casual leave on 14.6.2008 and was to report back for duty on 17.6.2008 which he did not and during this period the allegation was that the petitioner fired at his wife and son on 16.6.2008 and a criminal case was registered being Case Crime No. 362/2008 under Sections 307 and 326 of I.P.C. The petitioner was served with a show cause notice after preliminary inquiry on 31.5.2009. After considering the explanation submitted by the petitioner, which was not found favourable by the authorities, he was dismissed from service on 5.9.2009 against which the petitioner filed an appeal which was dismissed, then the petitioner filed a revision which was also dismissed. Hence this writ petition.

3. In th







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