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STATE OF U.P. v. SHYAM LAL JAISWAL

Supreme Court of India | 2021 INSC 636 | Diary 210/2020

Status

Judgment

Decided On

2021-10-07

Bench

HON'BLE MR. JUSTICE AJAY RASTOGI and HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

STATE OF U.P.

Respondent

SHYAM LAL JAISWAL

Citation

2021 INSC 636

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6251 OF 2021 (Arising out of SLP(C) No. 16416 of 2021

(Diary No. 210/2020)

STATE OF U.P. & ANR. APPELLANT(S)

VERSUS

SHYAM LAL JAISWAL RESPONDENT(S)

O R D E R

Delay Condoned.

Leave granted.

The instant appeal has been preferred by the

State of Uttar Pradesh assailing the order impugned

dated 03.08.2018 of the High Court of Allahabad,

Lucknow Bench, confirming the order dated

12.12.2013 of the State Public Services Tribunal,

U.P. (for short ‘the Tribunal’).

The facts in brief relevant for the purpose

are that the respondent herein was working as a

Cashier in the Transport Department since June,

1967. While in service, for some alleged

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misconduct, departmental inquiry was initiated

against him and was later dismissed from service by

an order dated 20.11.1975. That order came to be

set aside by the Tribunal by an order dated

14.02.1984 and finally confirmed on dismissal of

the Special Leave Petition by an order dated

20.04.2000.

It is to be noticed that the respondent during

the pendency of litigation attained the age of

superannuation on 31.03.1996.

After the order of dismissal dated 20.11.1975

came to be set aside, and finally confirmed by this

Court, a fresh litigation was initiated at his

instance on the premise that persons who were

junio...

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