Smt. Nisha Siddiqui vs State Of U.P. And Others on 9 August, 2010

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Allahabad High Court
Smt. Nisha Siddiqui vs State Of U.P. And Others on 9 August, 2010
Court No. - 39

Case :- WRIT - A No. - 46920 of 2010

Petitioner :- Smt. Nisha Siddiqui
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Mohd. Jamshed Upadhyay
Respondent Counsel :- C. S. C.,P. S. Kushwaha

Hon'ble Dilip Gupta,J.

The petitioner who had been selected as Aanganbadi Karyakarti on
1st February, 2010 has sought the quashing of the order dated 12th
April, 2010 passed by the Tehsildar, Bara, Allahabad by which the
income certificate earlier issued to the petitioner on 11th August,
2009 has been rejected.

It is stated by the learned counsel for the petitioner that against the
said order dated 12th April, 2010, the petitioner represented before
the Additional District Magistrate (Revenue) who has directed the
Sub-Divisional Magistrate, Bara to hold an enquiry, but in the
meantime, the services of the petitioner have been terminated by
the order dated 26th July, 2010 for the reason that a false income
certificate was submitted by the petitioner which has been
cancelled by the order dated 12th April, 2010.

Learned counsel for the petitioner submitted that the order dated
12th April, 2010 deserves to be set aside. However, from the
records it transpires that the Sub-Divisional Magistrate is
enquiring in to the matter. It would, therefore, not be appropriate
for the Court to interfere with the impugned order at this stage.

The writ petition is, therefore, dismissed with the observation that
the Sub-Divisional Magistrate may conclude the enquiry within six
weeks.

It is made clear that the Court has not adjudicated upon the merits
of the case which shall be examined by the Sub-Divisional
Magistrate in accordance with law.

Order Date :- 9.8.2010
GS

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