Court No. - 21 Case :- WRIT - C No. - 42761 of 2010 Petitioner :- Rajesh Kumar Srivastava Respondent :- State Of U.P. & Others Petitioner Counsel :- J.P.Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing counsel has accepted notice on behalf of respondent
nos. 1 to 5. Sri Rajesh Pratap Singh, Advocate has entered appearance on
behalf of respondent no. 6.
By the next date fixed, counter affidavit may be filed.
It has been sought to be contended on behalf of petitioner that in the
present case any inquiry whatsoever as is contemplated under 1997
Rules has ever been undertaken. Coupled with this it has also been been
contended that detailed elaborate reply has been submitted but the said
reply has not been adverted to in its correct perspective.
Primafacie arguments advanced requires consideration of this Court.
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 :- 23.7.2010
Dhruv