Court No. - 38 Case :- WRIT - A No. - 167 of 2010 Petitioner :- Vishan Kumar Goyal Respondent :- State Of U.P. & Others Petitioner Counsel :- Bharat Prataap Singh Respondent Counsel :- C.S.C.,J.P. Pandey Hon'ble Amreshwar Pratap Sahi,J.
Learned counsel for the Power Corporation may file counter
affidavit within 10 days. Rejoinder affidavit, if any, may be filed
within three days thereafter.
The contention raised is that the work of shifting the transformer
was done at the instance of the Power Minister as is evident from
the directions contained in the note appended to the annexure
which is at page no.23. The Executive Engineer thereafter issued
necessary directions that the left over work should be carried out
immediately. The work was done by the contractor Ajeet
Goswami. A copy of the agreement has been appended and the
same indicates that the shifting of the transformer was contracted
to the contractor. Learned counsel for the petitioner contends that
the petitioner is nowhere in the picture and it is the instruction of
the minister concerned which has been carried out.
In this view of the matter, the effect and operation of the impugned
order dated 9.11.2009 shall remained stayed. It shall be open to the
authorities to conclude the enquiry within three months.
List after three weeks.
Order Date :- 8.1.2010
Shiraz