Sanjay Nigam vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3813 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 34 of 2023
 

 
Appellant :- Sanjay Nigam
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Stamp And Registration U.P. Civil Sectt. Lko. And Others
 
Counsel for Appellant :- Hemant Kumar Mishra,Arti Ganguly
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Hemant Kumar Mishra, learned counsel for the appellant as also Sri A.K. Singh Bisen, learned Addl. C.S.C. for the State and perused the record.

By means of the instant special appeal the appellant has challenged the judgment and order dated 5.1.2023 passed by an Hon'ble Single Judge dismissing the appellant's Writ-A No. 8449 of 2022 filed against his suspension order dated 1.11.2022.

The allegation against the appellant is that while working as a Clerk in the office of the Sub Registrar, he wrongly gave benefit of the government order dated 18.6.2022 to the ineligible persons in as many as in eleven cases. The aforesaid government order provides relaxation in payment of stamp-duty with regard to gifts executed by the family members and the definition of 'Family Members' given in the aforesaid order excludes nieces and nephews, but the appellant has given benefit of rebate in payment of stamp-duty to such persons in numerous cases. The Hon'ble Single Judge declined to interfere in the suspension order and observed that the respondents are expected to proceed with and conclude the departmental proceedings against the appellant expeditiously in accordance with law, without any delay and without being influenced by any observation made in the order.

While assailing the aforesaid order passed by the Hon'ble Single Judge through the instant special appeal the appellant has taken a ground that "the fault of the appellant is only that he has given benefit to the relatives, who were not covered by the exemption, as provided in the government order dated 18.6.2022." Therefore, the aforesaid ground taken by the appellant himself in the memo of special appeal indicates that no error has been committed by the Hon'ble Single Judge while dismissing his writ petition.

In view of the aforesaid discussion, we do not find reason to interfere with the order dated 5.1.2023 passed by the Hon'ble Single Judge Writ-A No. 8449 of 2022. The Special Appeal lacks merits and the same is accordingly dismissed.

.

.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 7.2.2023

A.Nigam