Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 527 of 2010 Petitioner :- State Of U.P.Thro. Secy. Jail Deptt. Lko. 3174 (S/S)2009 Respondent :- Yogendra Kumar Petitioner Counsel :- C.S.C. Respondent Counsel :- R.K.Chaudhary Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
This appeal has been filed with some delay. Sri R.K.Chaudhary, appearing for
the respondents has no serious objection to the prayer for condonation of
delay in filing the appeal. We are also of the opinion that the delay is not
such so as to refuse the hearing of the appeal on merit. We,therefore, allow
the application (C.M.Application No. 79524 of 2010) and condone the delay
in filing the Special Appeal.
Learned counsel for the appellants Sri Anuj Kudesia has relied upon a
Division Bench judgment of this Court, passed in Special Appeal No. 481 of
2010 in re: State of U.P versus Pooja Verma, in which a similar issue was
involved, wherein the services of the employee were terminated without
holding a regular enquiry but after giving her a show cause notice, on the
charge of obtaining appointment on fake sports certificates. The Court
allowed the appeal and set aside the order of learned Single Judge allowing
the writ petition.
Learned counsel for the respondent Sri R.K.Chaudhary, however, made an
effort to distinguish the case of the respondent and submitted that in the
aforesaid case, 3 marks were awarded for sports quota and if they were
deducted from the total marks obtained by the candidate, she did not fall in
the list of selected candidates, whereas in the present case, if these 3 marks
are deducted from the marks obtained by the respondent, he still remains in
the select list.
The questions raised require consideration.
Admit.
Let the special appeal be listed for hearing in the month of September, 2010.
In the meantime, the order passed by the learned Single Judge, impugned in
this appeal, shall remain stayed.
Order Date :- 12.8.2010
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