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Ram Kumar Shukla v. State Of U.P. & Others - SPECIAL APPEAL No. 1628 of 2006 [2007] RD-AH 133 (3 January 2007)


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Court No.32

Special Appeal No.1628 of 2006

Ram Kumar Shukla v. State of U.P. & others

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

Shri Shashi Nandan, learned Senior Counsel appearing for the appellant contended that the departmental proceeding initiated against the appellant has already been completed inflicting punishment of recovery of Rs.51,786/- from him as well as adverse remark in his character roll.  However, the appellant challenged the same in

Civil Misc. Writ Petition No.11949 of 2006 wherein an interim order was passed on 28.2.2006 directing to pay 50% of the amount. Appellant also filed Civil Misc. Writ Petition No.58408 of 2006 claiming promotion on the higher grade and thus, there was no scope for directing the District Basic Education Officer, Kanpur Nagar to proceed with the departmental inquiry already ended by inflicting punishment to the appellant.

Let this matter appear again along with the record of Civil Misc. Writ Petition Nos.11949 of 2006 and 58408 of 2006 in the next cause list.

Looking to the facts of the case and considering the submissions, in the meanwhile, the direction of the Hon'ble Single Judge commanding the District Basic Education Officer, Kanpur Nagar to proceed with the departmental inquiry against the petitioner-appellant and complete the same within four weeks in accordance with law shall be kept in abeyance till the next date of listing.




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