High Court of Judicature at Allahabad
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Smt. Pooja v. Ganga Ram - SPECIAL APPEAL DEFECTIVE No. 320 of 2006  RD-AH 9646 (16 May 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Special Appeal has been filed against the judgment and order dated 6.4.2006 of the learned Single Judge. The learned Judge has observed that as the petitioner-respondent no.1 had made an application to transfer him outside the district of Bijnor, the Deputy Director may pass an appropriate order transferring him and the suspension order passed against him shall be kept in abeyance. The disciplinary authority has also been directed to conclude the enquiry within a period of three months.
The main grievance of the present appellant is that allegations of mala fide had been made against her and the learned Single Judge has taken note of the same but the matter has been decided without issuing notice to her. In our opinion the appellant cannot be aggrieved for the reason that the learned Judge has not considered the allegations of mala fide in the judgment. However, Sri Trivedi, learned counsel appearing for the respondent no.1 has made a statement that he is willing to delete the name of the present appellant from the array of parties in the Writ Petition. Let this be done.
Thus all the allegations of mala fide made against the present appellant in the Writ Petition stand automatically deleted as the allegations of mala fide cannot be considered unless the person against whom they are made is a party by name. As Sri Trivedi has prayed for deletion of the name of the present appellant from the array of parties in the Writ Petition and the prayer has been accepted, nothing survives in the Special Appeal. It is dismissed, accordingly.
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