Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 3474/2018
(ARISING FROM SLP (C) NO.30093/2017)
LAKSHMI NARAIN DUBEY APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. RESPONDENT(S)
| J U D G M E N T | ||
| KURIAN, J. | ||
| ture Not Verified<br>lly signed by<br>ABIR SINGH<br>2018.04.09<br>:34 IST<br>on: | ||
| Leave granted. | ||
| 2. The appellant is before this Court, aggrieved by<br>the judgment dated 16.08.2017, whereby the Division<br>Bench of the High Court declined to interfere with<br>the judgment dated 17.07.2012 passed in Writ A.<br>No.33265/2012. The learned Single Judge had rejected<br>the request of the appellant to interfere with the<br>order of the Competent Authority declining approval<br>to his appointment. | ||
| 3. In the nature of order we propose to pass, it is<br>not necessary to go into the factual matrix. Suffice<br>it to note that the issue pertains to the service of |
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| the appellant under the Management. | |
|---|---|
| 4. Learned counsel appearing for the appellant<br>submits that since the appellant is in service, he<br>can be terminated from service only after a show<br>cause notice is issued and his explanation is<br>considered. | |
| 5. Learned counsel appearing for the proposed<br>impleader/Mr. Ram Raseele Pandey submits that he may<br>be heard in the matter since the appellant has<br>suppressed some relevant information from this Court. | |
| 6. We do not think that we should go into these<br>aspects at this stage. As and when the appellant is<br>issued a show cause notice and he is heard, Mr. Ram<br>Raseele Pandey, who now seeks to be impleaded will<br>also be given an opportunity of hearing. | |
| 7. In that view of the matter, this appeal is<br>disposed of as follows: | |
| The Competent Authority shall issue a show<br>cause notice to the appellant within a period of<br>one month from today. Thereafter, the Competent<br>Authority shall afford an opportunity for hearing<br>to the appellant and Mr. Ram Raseele Pandey and<br>any other interested/affected parties and take a<br>final decision in the matter, within a period of<br>three months thereafter. The impugned orders |
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| shall not stand in the way of the Competent<br>Authority passing orders on merits.<br>8. Pending applications, if any, shall stand<br>disposed of.<br>9. There shall be no orders as to costs. | shall not stand in the way of the Competent<br>Authority passing orders on merits. | |
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| 8. Pending applications, if any, shall stand<br>disposed of. | ||
| 9. There shall be no orders as to costs. | ||
| .......................J. | ||
| [KURIAN JOSEPH] | ||
| .......................J. | ||
| [NAVIN SINHA] | ||
| NEW DELHI; | ||
| APRIL 02, 2018. |
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