Allahabad High Court High Court

Ram Singh And Another vs State Of U.P. & Ors. on 6 August, 2010

Allahabad High Court
Ram Singh And Another vs State Of U.P. & Ors. on 6 August, 2010
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