DEVI DEEN MALI Vs. STATE OF U P
LAWS(ALL)-2014-2-42
HIGH COURT OF ALLAHABAD
Decided on February 11,2014

Devi Deen Mali Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) This writ petition challenges the order dated 8.3.2002 ( Annexure - 15 to the writ petition), whereby following punishment have been imposed upon the petitioner;- (i) Petitioner has been reverted to the minimum pay scale of senior clerk. (ii) A sum of Rs. 1,60,375.75 paise was directed to be recovered from the petitioner at the rate of Rs. 891.87/- per month,over a period of 180 months. (iii) Petitioner has also been awarded adverse entry.
(2.) The writ petition was entertained and the operation of the order dated 8.3.2002 had been stayed. The writ petition was thereafter disposed of on 29.3.2012, permitting the petitioner to challenge the impugned order by filing statutory appeal under the Rules of 1999. The order of this Court dated 29.3.2012, disposing of the matter on the ground of availability of alternative remedy was challenged by the petitioner by filing Special Appeal No. 739 of 2012. The Special Appeal has been allowed and the order dated 29.3.2012 has been set aside in the following terms:- "We, therefore,set aside the judgment and order dated 29.3.2012 passed by the learned Single Judge and remit the matter to the learned Single Judge for deciding the same on merit after hearing learned counsel for the parties. Accordingly, the appeal succeeds and is hereby allowed".
(3.) The writ petition has been listed under the heading "for hearing".With the consent of the parties, the writ petition is being decided on merits, after hearing the counsel for the parties.;


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