Prem Shankar vs State Of U.P. And 3 Others
2016 Latest Caselaw 3061 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 21532 of 2016
 

 
Petitioner :- Prem Shankar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vijay Kumar Singh,Pankaj Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is a Gram Panchayat Adhikari. He has been placed under suspension by Zila Panchayat Adhikari. It is urged by the learned counsel for the petitioner that the appropriate authority is the District Magistrate.

Learned counsel for the petitioner has drawn the attention of the Court to an order passed by this Court in the case of Santosh Kumar Verma Vs. State of U.P. and 5 others, Writ Petition No.23609 of 2016 wherein this Court has passed a detailed order and granted an interim order. The relevant part of the order is quoted below.

"Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

In view of the order passed in similar matter in Santosh Kumar case (Supra), till the next date of listing, the effect and operation of the impugned orders dated 30.04.2016 and 02.05.2016 passed by respondent nos. 3 and 5 shall remain stayed.

List this case on 22.08.2016.

However, it is made clear that the disciplinary proceedings are not stayed by the interim order."

Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.

 In view of the above, the effect and operation of the impugned order dated 06.05.2016 passed by the respondent no.4 shall remain stayed.

Order Date :- 26.5.2016

AU