Court No. - 3 Case :- SERVICE BENCH No. - 548 of 2010 Petitioner :- State Of U.P., Thru. Secretary, P.W.D., & Another Respondent :- Mahesh Chandra Gupta, S/O-Sri R.D. Gupta & Another Petitioner Counsel :- Standing Counsel Respondent Counsel :- C.S.C.,Manish Mishra,Namit Sharma Hon'ble Shri Narayan Shukla,J.
Hon’ble Devendra Kumar Arora,J.
Counter affidavit, filed on behalf of opposite party no.1, is taken on record.
As prayed by the learned counsel for the petitioners, two weeks’ time is
granted to file rejoinder affidavit.
List thereafter.
Heard Mrs. Aruna Mishra, learned Standing Counsel for the petitioners and
Sri Manish Mishra, learned counsel appearing for the opposite party no.1.
The petitioners have challenged the order dated 15.09.2009, passed by the
State Public Services Tribunal, Lucknow in Claim Petition No.1088 of 2007,
Mahesh Chandra Gupta vs. State of U.P. and others.
The submission of learned counsel for the petitioners is that the learned
Tribunal has failed to appreciate the facts of the show cause notice as well as
the charge-sheet and has ignored the total responsibility of the opposite party
no.1 assessed by the department whereas upon perusal of the order of the
learned Tribunal, it appears that the learned Tribunal has considered the
matter in all counts.
In view of the aforesaid, we are not inclined to interfere with the matter at this
stage so far as it relates to the interim relief .
We are informed that for compliance of order passed by the learned Tribunal
the opposite party no.1 has initiated the contempt proceedings and 24.06.2010
is fixed before the Tribunal.
Learned Standing Counsel for the petitioners is seeking exemption from
appearance on 24.06.2010 before the Tribunal.
After considering the facts and circumstances of the case, we observe that if
the opposite parties of the contempt petition file compliance report, they need
not to appear before the Tribunal on the next date fixed.
Order Date :- 22.6.2010
Suresh/-