REGENT COMPUTRONICS PVT. LTD.

Ramakant Tiwari Appellant

V/S

STATE OF U.P. Respondents

Referred Judgements :-

GIRISH BIHARI V. STATE OF U.P. [REFERRED TO]
A.R. SIRCAR V. STATE OF U.P. [REFERRED TO]
SHIV SHANKAR V. BOARD OF DIRECTORS,UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
SURYADEV MISHRA V. STATE OF U.P. [REFERRED TO]
K R DEB VS. COLLECTOR OF CENTRAL EXCISE SHILLONG [REFERRED TO]
GRINDLAYS BANK LIMITED VS. INCOME TAX OFFICER CALCUTTA [REFERRED TO]
GRINDLAYS BANK LIMITED VS. INCOME TAX OFFICER CALCUTTA [REFERRED TO]
RAM KRISHNA VERMA VS. STATE OF UTTAR PRADESH [REFERRED TO]
MAHADEO SAVLARAM SHELKE VS. PUNE MUNICIPAL CORPORATION [REFERRED TO]
N MOHANAN VS. STATE OF KERALA [REFERRED TO]
INTER COLLEGE ARYA NAGAR KANPUR VS. KUMAR TIWARY [REFERRED TO]
GTC INDUSTRIES LIMITED VS. UNION OF INDIA [REFERRED TO]
STATE OF PUNJAB VS. GURDAS SINGH [REFERRED TO]
UNION OF INDIA VS. P THAYAGARAJAN [REFERRED TO]
BILESHWAR KHAN UDYOG KHEDUT SHAHAKARI MANDALI LIMITED VS. UNION OF INDIA [REFERRED TO]
STATE OF UTTAR PRADESH VS. LALSA RAM [REFERRED TO]
STATE OF UTTAR PRADESH VS. VIJAY KUMAR JAIN [REFERRED TO]
SOUTH EASTERN COALFIELDS LIMITED VS. STATE OF MADHYA PRADESH [REFERRED TO]
SOUTH EASTERN COALFIELDS LIMITED VS. STATE OF MADHYA PRADESH [REFERRED TO]
KARNATAKA RARE EARTH VS. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY [REFERRED TO]
JAIPUR MUNICIPAL CORPORATION VS. C L MISHRA [REFERRED TO]
AMARJEET SINGH VS. DEVI RATAN [REFERRED TO]
STATE OF ORISSA VS. MAMATA MOHANTY [REFERRED TO]

JUDGEMENT

(1.) This special appeal has been filed by the appellant challenging the judgment and order dated 12.2.2007 passed by Honourable Single Judge in Writ Petition No. 30455 of 1990 (Ramakant Tiwari Vs. State of U.P and others). By means of the impugned order dated 12.2.2007, the Honourable Single Judge has dismissed the writ petition and has held on the basis judgments of the Honourable Supreme Court that the Principle of restitution shall be applicable and it was the duty of the Court to restore back the benefits to the respondents which were given to the petitioner in pursuance of an interim order dated 19.11.1990 staying the operation of the order of dismissal of the petitioner no.1 dated 1.11.1990. The writ petition was dismissed with cost.

(2.) Counsel for the petitioner/appellant while arguing the matter before us has relied upon three main grounds, which were also urged before the learned Single Judge. It has been argued that during the pendency of the disciplinary proceedings the petitioner who had initially been appointed on a temporary basis, had completed his probation satisfactorily and having rendered satisfactory service and being confirmed, it cannot be said that during the same time, the petitioner committed any misconduct and disciplinary proceedings could not be allowed to continue after his confirmation.

(3.) Learned Single Judge has dealt with the said argument raised by the writ petitioner and has held that the reliance placed upon the judgment of the Honourable Supreme Court in the case of Girish Bihari Vs. State of U.P. 1982 LIC 1500 was misplaced.

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RAMAKANT TIWARI Vs. STATE OF U.P.

Referred Judgements :-

JUDGEMENT

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