SHIV PRASAD II Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Imran Syed, for the petitioner and S.P. Singh, Standing Counsel, for the respondents.

(2.) THE writ petition has been filed for quashing the orders of Hon'ble Chief Justice, Allahabad High Court, dated 12.04.1979, modifying the order of Registrar from 'dismissal from service'' to "reduction in rank from Upper Division Clerk to Lower Division Clerk" and 09.06.1988 rejecting the representation of the petitioner and Registrar, Allahabad High Court, dated 16.01.1979, dismissing the petitioner from service, in the disciplinary proceedings initiated against the petitioner.

(3.) IN May, 1974, the petitioner was posted as Head Counter, Paper -Book Section, First Appeal Section of the High Court. On 27.03.1976, Om Prakash Singhania, who was appellant in First Appeal No. 249 of 1959 and his mother Smt. Hira Singhania was appellant in First Appeal No. 348 of 1958 (both were connected) filed a complaint that these appeals were filed from the orders of Additional District Judge in Probate Suits. On the notice of estimated costs for preparation of Paper -Book, his mother deposited Rs. 560.00. After printing of the Paper -Book, it was noticed by the counsel for the appellant that various important papers were not included in the Paper -Book, then the counsel for the appellant filed a list of papers and prayed for preparation of a Supplementary Paper -Book. On which Joint Registrar vide order dated 03.09.1969 directed for preparation of Supplementary Paper -Book and also directed for adjusting the remainder of previously deposited amount. The office issued a notice dated 02.05.1974 to the counsel for the appellant to deposit Rs. 15.31 as the revised estimate for printing Supplementary Paper -Book, giving 30 days time. Thereafter, the office issued another notice dated 09.07.1974 (received on 15.07.1974) to the counsel for the appellant to deposit Rs. 87.70 as the revised estimate for printing Supplementary Paper -Book, giving 30 days time.