Court No. - 18 Case :- WRIT - A No. - 39517 of 2010 Petitioner :- Ram Singh And Another Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Yogish Kumar Saxena,Y.K. Sharma Respondent Counsel :- C.S.C.,Gautam Baghel Hon'ble Arun Tandon,J.
In reply to the counter affidavit, rejoinder affidavit filed today is taken on
record.
Learned Standing Counsel supplied a copy of the order dated 3.8.2010 passed
by the Division Bench of this Court in Special Appeal (Defective)
No.696/2010 whereunder the order of this Court dated 28.7.2010 has been
modified and the direction to deposit Rs. 80,000/- each by the Regional Joint
Director of Education and D.I.O.S. has been set aside. The Division Bench
has observed that the Single Judge while deciding the writ petition finally
may record a finding qua the action of the Officers being mala fide and then
the issue for imposing cost would arise.
In view of the aforesaid judgement of Division Bench, let the Regional Joint
Director of Education, Kanpur Region, Kanpur and DIOS, Kananuj be
impleaded by name. Notice be served upon them through the office of
Standing Counsel. They may show cause by the next date as to why recovery
of the entire salary paid to the respondents no. 6 and 7 because of the illegal
orders of the aforesaid two Officers for reasons recorded in the order dated
28.7.2010 be not directed.
List this matter on 31.8.2010.
Order Date :- 6.8.2010
Puspendra