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SHIV BHUSHAN TIWARI versus DIRECTOR GENERAL OF POLICE LUCKNOW AND OTHERS

High Court of Judicature at Allahabad

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Shiv Bhushan Tiwari v. Director General Of Police Lucknow And Others - WRIT - A No. 22669 of 2007 [2007] RD-AH 9173 (14 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Learned standing counsel appearing for the respondents  prays for and is allowed four weeks' time to file counter affidavit.

The counsel for the petitioner contends that although a resignation  was submitted by the petitioner on 28.9.2002 at the heat of moment alleging that the petitioner is being abused by the Reserve Inspector, Police Lines, Fatehpur, the said resignation was given on 28.9.2002 which was not accepted  and the petitioner was allowed to continue thereafter.  After about five years now suddenly the resignation is  accepted by the Superintendent of Police   vide his order dated 30.4.2007.   He submitted that by letter dated 17.4.2007 the petitioner was called to appear on in the enquiry on 19.4.2007 for recording his statement. He submitted that the enquiry is pending and suddenly  resignation has been accepted.  When the resignation was not accepted when it was given,  it is clear that the authority did not act  on the resignation  and at such distance of time  when the enquiry regarding the allegations is still pending the acceptance of resignation does not appear to be correct.

Let a counter affidavit be filed within four weeks.  List thereafter.

In the mean time the impugned orders dated 30.4.2007 and 2.5.2007 shall remain stayed.  

D/-14.5.2007

SCS22669


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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