Ashok Kumar Singh vs State Of U.P. And 4 Others
2021 Latest Caselaw 10874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 4891 of 2021
 

 
Petitioner :- Ashok Kumar Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Varda Vasu Priya
 
Counsel for Respondent :- C.S.C.,Sujeet Kumar Rai
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioner, Sri Chandan Kumar learned Standing Counsel for the State respondents and Sri Sujeet Kumar Rai who appears for respondent Nos. 4 and 5.

All noticed respondents shall file a reply on this petition within a period of six weeks. The petitioner shall have two weeks thereafter to file a rejoinder affidavit. List on the expiry of the aforesaid period.

Prima facie the order of suspension cannot be sustained since it appears to have been passed solely by the Secretary of the District Administrative Committee. The aforesaid action would clearly be in teeth of the judgment of the Full Bench rendered in Ram Chandra Pandey v District Administrative Committee U.P. Primary Agricultural Co-Operative Credit Soceities Centralised Service, Bahraich, Through its Member Secretary [1997 (3) UPLBEC 1747]. Matter requires consideration.

Till the next date of listing, there shall be stay of the impugned order dated 04 March 2021.

This order however shall not preclude the respondents from continuing with the disciplinary proceedings which are contemplated.

Order Date :- 25.8.2021

faraz