Court No. - 21 Case :- WRIT - C No. - 41054 of 2010 Petitioner :- Deep Narain Pandey Respondent :- State Of U.P. And Others Petitioner Counsel :- V.D. Yadav Respondent Counsel :- C.S.C.,Umesh Chandra Tiwari Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of
respondent Nos. 1, 2, 3, 4 and 5. Sri V.C. Tiwari, Advocate has
entered appearance on behalf of respondent No.6.
Each one of the respondents may file counter affidavit by the date
fixed.
It has been contended on behalf of the petitioner that in the present
case, at no point of time any enquiry officer, as envisaged under
Enquiry Rules 1997 had been appointed and at no point of time any
preliminary enquiry had ever been conducted, 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