Mohd.Yunus Khan vs State Of U.P.& Ors on 28 September, 2010
Pr
Thus, the said authority has taken into account an
extraneous reason for imposing the punishment of
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dismissal. Similarly, the appellate authorities have taken
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in account the past service record of the petitioner
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whereas in the charge sheet, there was no allegation
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about petitioner's alleged past tainted conduct. The
Supreme Court in Mohd.Yunus Khan Vs. State of
of
Uttar Pradesh and others-(2010) 10 SCC-539 and
Indu Bhushan Dwivedi Vs. State of Jharkhand and
rt
another-(2010) 11 SCC-278 disapproved such action
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wherein past record was taken into account while
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imposing punishment without alleging about tainted past
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record in the charge-sheet. For this reason also, the
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punishment order cannot be countenanced. Further
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more, the petitioner stood acquitted by the Special Court
and for this reason also, the pendency of Lokayukt
matter is of no assistance to the prosecution.