Dr. Smt. Abha Singh vs State Of U.P. Thru. Secy. Higher ...
2022 Latest Caselaw 121 ALL

Citation : 2022 Latest Caselaw 121 ALL
Judgement Date : 18 February, 2022

Allahabad High Court

Dr. Smt. Abha Singh vs State Of U.P. Thru. Secy. Higher ... on 18 February, 2022

Bench: Vivek Chaudhary




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 18578 of 2021
 

 
Petitioner :- Dr. Smt. Abha Singh
 
Respondent :- State Of U.P. Thru. Secy. Higher Edu. And Ors.
 
Counsel for Petitioner :- Waseeq Uddin Ahmed,Areeb Uddin Ahmad
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

In this case, earlier, Writ- A No. 8799 of 2010, Smt. Abha Singh Versus State of U.P. and Others, challenging the suspension order dated 26-08-2020 was filed by the petitioner at High Court, Allahabad and the same was dismissed by this court vide Judgment and Order dated 20-10-2020. With regard to same enquiry of the petitioner, another Writ Petition bearing Writ-A No. 7084 of 2020, Abha Singh Versus State of U.P. was also filed at Allahabad. The said writ petition was also disposed of by this court vide Judgment and Order dated 09-09-2020.

Now, with regard to same suspension order dated 26-08-2020, present writ petition bearing Writ-A No. 18578 of 2021 has been filed by the petitioner before this court at Lucknow on the basis of subsequent developments .

In the normal course,once any such facts have come which would impact an earlier final decision of the court, the petitioner has an option to file a Review Application. Instead of filing the same,the present writ petition challenging the same suspension order has been filed by the petitioner before this court at Lucknow.

There is a preliminary objection raised by the learned counsel for the respondents that the present petition is not maintainable at Lucknow for the following two reasons.

(I) The petitioner himself opted to raise this dispute at Allahabad while both the courts i.e. High Court At Allahabad as well as at Lucknow were having jurisdiction.

(II) That instead of filing a review petition at High Court, Allahabad, which in all probability, would have been heard by the same Bench, this petition is filed at Lucknow.

Sri H.G.S. Parihar, learned Senior Counsel appearing for the petitioner submits that he would address the court on 24-02-2022. On his request, list/put up this case alongwith Writ-A No. 7161 of 2021 on 24-02-2022.

This case shall be taken up as a first case after the fresh cases.

(Vivek Chaudhary,J.)

Order Date :- 18.2.2022

AKS