Somanathasa Baddi VS. Chanabasappa & Ors.

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Somanathasa Baddi VS. Chanabasappa & Ors.

The Judgement Information System CASE NO.: Appeal (civil) 513 of 2008

PETITIONER: U.P. STATE SUGAR CORPORATION LTD. & Ors.

RESPONDENT: KAMAL SWAROOP TONDON

DATE OF JUDGMENT: 18/01/2008

BENCH: C.K. THAKKER & P. SATHASIVAM

JUDGMENT: J U D G M E N T (Arising out of SLP (c) Nos. 11599 of 2006)

C.K. Thakker, J.

1. Leave granted.

2. The present appeal is filed against the judgment and order passed by the High Court of Judicature at Allahabad (Lucknow Bench) on February 24, 2006 in Writ Petition No. 484 (S/B) of 2000.

3. Necessary facts giving rise to the appeal are that the respondent herein was serving with the appellant- U.P. State Sugar Corporation Ltd. (Corporation for short) as Resident Engineer at the Head Office of the Corporation at Lucknow. On January 13, 2000, a show cause notice was issued to him stating therein that a work was allotted to M/s Gupta & Co., Dehradoon for construction of residential houses in Saharanpur. The Contractor had given two Fixed Deposit Receipts (FDRs) towards the security for the work to be done. The details of FDRs were given in the notice. It was alleged that the Corporation suffered loss of Rupees one lakh due to lack of precaution, irregularity, gross negligence and carelessness by the respondent.

The respondent was, therefore, called upon to submit explanation within three days why disciplinary action should not be taken against him. On January 15, 2000, the respondent submitted his reply denying the allegations and contending that he had not committed any illegality and there was no justification to ask for his explanation. The Corpor...

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