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U.P.S.R.T.C. & OTHERS versus AVADH BEHARI PRASAD & OTHERS

High Court of Judicature at Allahabad

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U.P.S.R.T.C. & Others v. Avadh Behari Prasad & Others - WRIT - A No. 41337 of 1997 [2007] RD-AH 7713 (25 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 41337 of 1997

HON'BLE YATINDRA SINGH, J

HON'BLE RK RASTOGI, J.

This writ petition is against the order of State Public Service Tribunal, Lucknow dated 19.8.1997 allowing the claim petition of respondent no. 1 (contesting respondent)

We have heard counsel for the petitioner and Sri R. Pandey for the respondent. The Tribunal below has quashed the impugned order on the ground that the contesting respondent was denied reasonable opportunity of hearing, that there was violation of the requirement of Art 311(2) of the Constitution and of the principle of natural justice, and the findings of the concerned authorities were based upon surmises and conjunctures to the extent of perversity. It was also held that the dismissal order against the petitioner was passed by an officer subordinate to the Appointing Authority of the contesting respondent. We have gone through the entire judgement and the record of the writ petition. There is no illegality in the judgement. The appellants have also been provided afresh opportunity to conduct the departmental enquiry afresh in accordance with law. The writ petition has no merit. It is dismissed.

Date: 25.4.2007

SKS


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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