Court No. - 21 Case :- WRIT - C No. - 41034 of 2010 Petitioner :- Shambhu Dayal Respondent :- State Of U.P. & Ors. Petitioner Counsel :- M.S. Rajpoot,M.A. Mishra Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of
respondents. Counter affidavit may be filed by the next date fixed.
It has been contended on behalf of the petitioner that at no point of
time any enquiry as envisaged under Enquiry Rules, 1997 had ever
been undertaken by the enquiry officer appointed by the District
Magistrate, and arbitrarily action has been taken against the petitioner.
Petitioner submits that such an action on the part of the respondents
violates and contravenes the principles of natural justice.
Issue which has been sought to be raised has already been referred to
Larger Bench in Civil Misc. Writ Petition No. 60951 of 2009 (Madho Lal
(Pradhan) Vs. State of U.P. and others) and Civil Misc. Writ Petition
No. 49305 of 2009 (Het Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench comprising
Hon’ble Acting Chief Justice & Hon’ble A.P.Sahi in Special Appeal No.
528 of 2010 (Smt. Sabir Vs. State of U.P. and others) decided on
28.04.2010.
Consequently, connect this writ petition alongwith the record of
aforesaid writ petitions.
Interim order which has been passed therein on the same term and
condition, shall be extended to the petitioner also.
Order Date :- 16.7.2010
SRY