Court No. - 27 Case :- SPECIAL APPEAL No. - 345 of 2010 Petitioner :- Krishna Murari Pandey 4490(S/S)2009 Respondent :- State Of U.P.Through Secy. Basic Education Lko.And Ors. Petitioner Counsel :- Parmanand Sharma Respondent Counsel :- C.S.C.,Jyotinjay Verma Hon'ble Devi Prasad Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Let the record be summoned. List for peremptory hearing in the first week of
August, 2010.
Keeping in view the fact that during first round of litigation, when the writ
petition was allowed, the consequential benefit was given to the petitioner by
this Court with option to proceed afresh and while proceeding afresh, again
the substantial illegality has been committed by the respondents during the
course of enquiry. The order has been set aside by Hon’ble Single Judge of
this Court with liberty to proceed afresh. It appears that the disciplinary
authority has acted in a careless manner and not complied with the earlier
judgment of this Court. It shall be too harsh for the petitioner in case no
consequential benefit is provided.
Accordingly, as an interim measure, the respondents are directed to provide
consequential benefits to the petitioner who is retiring on 30.6.2010.
However, payment of salary shall be 50% admissible under rules which shall
be subject to further orders of this Court/fresh enquiry.
Order Date :- 15.6.2010
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