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Kanhaiya Lal v. State Of U.P.& Others - WRIT - C No. 585 of 2005 [2005] RD-AH 261 (27 January 2005)


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WP No. 585 of 2005

Hon'ble Yatindra Singh, J.

Hon'ble Shishir Kumar, J.

Counsel for the petitioner submits that:

(a) Before Sub section (2-A) of section 48 inserted by UP Act no. 6 of 2004 {section 48(2-A)} becomes operative, the inquiry should be conducted by such person in such manner as may be prescribed.

(b) Neither any person nor any manner has been prescribed and the consequences mentioned in section 48(2-A) do not become operative.

(c) The proviso to section 48(2) of the Act has been substituted by UP Ordinance no. 4 of 2005. It was published in the official gazette extraordinary dated 24th  January 2005. Show cause notice in this case was issued on 21st December 2004. It is before the publication of UP Ordinance no. 4 of 2005 in the official gazette. No satisfaction has been recorded by the State Government after it was published.

(d) The petitioner has already replied to the show cause notice and there is no question of delaying the inquiry.

Issue notice.

Connect it with the leading writ petition no. 7828 of 2004. In view of the interim order granted in the other writ petitions, the respondents are restrained from prohibiting the petitioner from exercising administrative and financial functions. However, this order will not inhibit the respondents for completing the inquiry and passing final orders in accordance with law.

Date: 27.1.2005



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