Court No. - 21 Case :- WRIT - C No. - 38189 of 2010 Petitioner :- Subhash Rai Respondent :- State Of U.P. And Others Petitioner Counsel :- Shambhavi Nandan Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing counsel has accepted notice on behalf of
respondent nos. 1 to 6.
By the next date fixed, counter affidavit if any be filed.
It has been contended on behalf of petitioner that in the
present at no point of time any preliminary inquiry has been
conducted in the matter as is envisaged under 1997 Rules
and that too without providing any opportunity impugned
order has been passed ceasing financial and administrative
power of the petitioner.
Issue which has been sought to be raised has already been
referred to Larger Bench in Civil Misc. Writ Petition No.
60951 of 2009 (Madho Lal (Pradhan) Vs. State of U.P. and
others) and Civil Misc. Writ Petition No. 49305 of 2009 (Het
Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench
comprising Hon’ble Acting Chief Justice & Hon’ble A.P.Sahi
in Special Appeal No. 528 of 2010 (Smt. Sabir Vs. State of
U.P. and others) decided on 28.04.2010.
Consequently, connect this writ petition alongwith the
record of aforesaid writ petitions.
Interim order which has been passed therein on the same
term and condition, shall be extended to the petitioner also.
Order Date :- 5.7.2010
Dhruv