Trilok Singh Rana vs State Of U.P. And 2 Others
2014 Latest Caselaw 4263 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 41391 of 2014
 

 
Petitioner :- Trilok Singh Rana
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Smt. Rekha Pundir,Ramesh Pundir
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sheo Kumar Singh,J.

Hon'ble Dinesh Maheshwari,J.

Argument is that orders were passed by the petitioner in discharge of his judicial duties and they could have been challenged either in appeal or  in revision and therefore, on these allegations suspension of the petitioner cannot be said to be justified.

Order which has been passed being subject matter of scrutiny by the higher court, without there being any adjudication, suspending the petitioner is not at all justified.

In the similar set of fact this court has granted interim protection in Writ A No. 36776 of 2014. Copy of which has been annexed at page 45 of the writ petition.

On these facts respondents are to file counter affidavit within six weeks.

List thereafter.

As an interim measure, this court directs that till the next date of listing operation of the order passed by the Consolidation Commissioner dated  3.6.2014 shall remain stayed and the petitioner will not be treated under suspension. However, it is made clear that inquiry against the petitioner will go on in which petitioner undertakes to cooperate and that will be taken to its logical end.

Order Date :- 11.8.2014

M.A.A.

(Dinesh Maheshwari,J.)      ( S. K. Singh, J.)