STATE OF UTTAR PRADESH Vs. NAND KISHORE SHUKLAAND ANOTHER
LAWS(SC)-1996-3-162
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 11,1996

STATE OF UTTAR PRADESH Appellant
VERSUS
NAND KISHORE SHUKLA Respondents

JUDGEMENT

- (1.) We have heard learned counsel for the parties.
(2.) Leave granted.
(3.) This appeal by special leave arises from the order of the Allahabad High Court, Lucknow Bench made on September 5,1991 in W.P.No.9550 of 1989. The respondent had challenged the order of his removal from service. He was appointed on December 4, 1973 as a Clerk in the Collectorate, Hardoi on temporary basis. He was removed from service in the year 1977 and, ultimately, by orders of the Court he was reinstated in the service on July 12,1984. By proceedings dated May 25,1987, he was kept under suspension on disciplinary grounds and enquiry was conducted in that behalf. Though opportunities were given to the respondent, he did not avail it. He had asked for production of 21 witnesses for cross-examination. The enquiry officer considered that nine witnesses were relevant in respect of charges and that respondent was called upon to cross-examine those witnesses but respondent had not chosen to cross-examine those witnesses. Consequently by proceedings dated December 5,1987, the enquiry officer submitted his report holding that the 5 charges were proved against the respondent and recommended for his dismissal from service. The disciplinary authority passed the order on January 6,1988 removing the respondent from service. The representative petition before the Service Tribunal resulted in dismissal. His writ petition was allowed by the High Court. Thus, this appeal by special leave.;


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