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  RD-AH 9173 (14 May 2007)
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.
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