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Harish Ram Arya v. State Of U.P. Thru' Principal Secretary, Home Deptt. & Ors. - SPECIAL APPEAL No. 380 of 2007  RD-AH 5804 (2 April 2007)
Chief Justice's Court
Special Appeal No. 380 of 2007
Harish Ram Arya vs. State of U.P. and others
Counsel for the appellant Mr. Indra Raj Singh
Counsel for the respondents Standing Counsel
Hon'ble H.L. Gokhale,CJ
Hon'ble Ashok Bhushan,J
1. Heard learned counsel for the parties.
2. The appellant was initially working in the Armed Police. Subsequently, he was transferred to Civil Police. Now it so transpires that an altercation took place between two police personnels and it was alleged that the appellant who was present at that time did not take effective steps to stop the same. He has been transferred back to the P.A.C. He was suspended also. This order was challenged to the learned Single Judge and the learned Single Judge has directed the State to file counter affidavit and rejoinder is to be filed thereafter. There is no particular prejudice in terms of salary on going back to the P.A.C.
3. The grievance of the counsel for the appellant is that no action has been taken against the two other police personnels who were fighting. It is for the police authorities to take action. However, not taking any action against them does not make the action taken against the appellant, in any way, wrong.
4. The counsel for the appellant had assured the learned Single Judge that he will join at the place where he was transferred within ten days. That is recorded in the impugned order. Now he is seeking to challenge that order. We cannot entertain the appeal after giving such an assurance to the learned Single Judge. As far as the suspension is concerned, that has already been interfered by the learned Single Judge.
5. The appeal is dismissed.
Date:2.4.2007 (Chief Justice)
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