Court No. - 6 Case :- SERVICE SINGLE No. - 4683 of 2010 Petitioner :- Satya Prakash Pandey Respondent :- Union Of India Through Principal Secy.Home And Others Petitioner Counsel :- Dr.L.P.Mishra,Deepanshu Dass Respondent Counsel :- A.S.G. Hon'ble Shabihul Hasnain,J.
Heard Dr. L.P. Misra, learned counsel for the petitioner and Sri
I.H.Farooqui, learned Assistant Solicitor General for the Union of
India.
The petitioner has been served with an order dated 16.6.2010 in
the form of a notice to the effect that the petitioner’s services will
come to an end immediately after expiry of one month from the
date of the notice. Learned counsel for the petitioner states that the
period of notice will expire tomorrow. There is urgency in the
matter.
Sri I.H.Faroouqui has raised a preliminary objection regarding
territorial jurisdiction as well as factual aspect. He wants to verify
whether any affidavit was filed by the petitioner at the time of his
initial entrance in the department or not. Naturally, Sri Farooqui
requires some time but if the Court does not pass any interim
order, the impugned notice will be effective from tomorrow. The
balance of convenience appears to be in favour of the petitioner.
Without giving any finding on the merits of the maintainability of
the petition, a week’s time is allowed to Sri Farooqui to obtain
instructions in the matter.
List this case on 21.7.2010 as fresh.
Meanwhile, the operation and implementation of the order dated
16.6.2010, contained in annexure-1, shall remain stayed till the
next date of listing i.e. 21.7.2010.
Order Date :- 14.7.2010
RKM.
Copy of this order shall be provided to the petitioner today itself
on payment of usual charges.
Order Date :- 14.7.2010
RKM.