C/M Mahatma Gandhi Municipal ... vs State Of U.P. & 3 Others
2017 Latest Caselaw 3624 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 
Case :- SPECIAL APPEAL No. - 439 of 2017
 
Appellant :- C/M Mahatma Gandhi Municipal Inter College
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Appellant :- Manish Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ritu Raj Awasthi,J.

Learned Standing Counsel represents respondent nos. 1 to 3.

Issue notice to respondent no.4 fixing a date in the last week of September, 2017. Appellant to take steps by speed post within a week. All the respondents may file counter affidavit by the next date. List in the last week of September, 2017.

On behalf of the appellant it is contended that the reasons assigned by the learned Single Judge under the order in the present appeal for not entertaining the interim stay application filed in Writ-C No. 35983 of 2017 (C/M M.G.M. Inter College, Bijnor versus State of U.P. & Others) to the effect that the appellant-petitioner was only a complainant proceeds on complete misreading of the averments made in the writ petition, wherein it was stated that the petitioner in his capacity as Adhyaksha of Nagar Palika Parishad, Najibabad, Bijnor  was also Ex-Officio President of the Committee of Management of Mahatma Gandhi Municipal Inter College, Najibabad, Bijnor. It  was in his capacity as President of the College that he had raised objections to grant of Assured Career Promotion  to respondent no.4, whose work and conduct was not satisfactory and there were audit objections also.

In our opinion, the matter does require enquiry by this Court.

Till the next date of listing no payment shall be made to respondent no.4 in terms of the order passed by the District Inspector of Schools, Bijnor dated 23rd June, 2017.

(Ritu Raj Awasthi, J.)                           (Arun Tandon, J.)

Order Date :- 24.8.2017

Sushil/-