Court No. - 32 Case :- SPECIAL APPEAL No. - 1883 of 2008 Petitioner :- Kallu Ram Respondent :- State Of U.P. & Others Petitioner Counsel :- Mansh Goyal Respondent Counsel :- C.S.C.,K.N. Mishra Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
We have heard Shri Manish Goyal, learned counsel for the
appellant. Shri K.N. Mishra appears for the respondents.
In this Special Appeal under Chapter VIII Rule 5 of the Allahabad
High Court Rules, 1952, the petitioner-appellant is aggrieved by
the order of learned Single Judge dated 26.9.2008, by which he has
directed, while hearing the writ petition with prayers to quash the
suspension order, to conclude the departmental enquiry within a
period of two months.
Learned Single Judge observed that neither the petitioner nor the
Standing Counsel is aware whether the disciplinary proceeding, so
initiated, has culminated in a final order or not.
We find that even after two years, none of the parties is in a
position to give or the status of the disciplinary proceedings.
Shri Manish Goyal appearing for appellant would submit that
learned Single Judge had announced the order in open court
allowing the writ petition. However, when a certified copy of the
order was obtained, it was found that the writ petition has been
disposed of. He made an application before the Hon’ble Judge, on
which once again the Hon’ble Judge passed same order on
26.9.2008.
No one is ordinarily permitted to challenge the correctness of the
proceedings of the Court. The fact, that the writ petition was
allowed, was not apparently accepted by learned Judge.
Be that as it may. The disciplinary enquiry must have been
concluded by now.
The Special Appeal is dismissed.
Order Date :- 10.8.2010
RKP