Head Constable Vijay Mishra (Pno ... vs State Of U.P. & Others
2011 Latest Caselaw 5903 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 65756 of 2011
 

 
Petitioner :- Head Constable Vijay Mishra (Pno No.942020281)
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Satya Prakash Pandey
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is challenging the order dated 22.10.2011 by which the petitioner has been given censure entry. This order has been passed in pursuance of the show cause notice dated 5.9.2011. In Civil Misc. Writ Petition No. 60697 of 2011, filed by the petitioner, the proceeding in pursuance of the show cause notice dated 5.9.2011 has been stayed on the ground that the show cause notice is based on the inquiry report which has been challenged in Civil Misc. Writ Petition No. 56812 of 2011, which is pending for consideration.

It appears that the interim order dated 19.10.2011 has not been brought to the notice of the officer concerned which resulted the impugned order. Since the impugned order is based on the show cause notice dated 5.9.2011, which has been stayed, the impugned order is also liable to be stayed. However, it is open to the petitioner to move an application before the Deputy Inspector General of Police/Senior Superintendent of Police, Kanpur Nagar for the revocation of the said order in view of the fact that the proceeding in pursuance of the show cause notice itself has been stayed vide order dated 19.10.2011.

Connect it with Writ Petition No. 60697 of 2011.

Learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the operation of the order dated 22.10.2011, Annexure-8 to the writ petition, shall remain stayed.

Order Date :- 17.11.2011

OP