High Court of Judicature at Allahabad
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Rajesh Singh v. The State Of U.P. & Others - SPECIAL APPEAL No. 1008 of 2006  RD-AH 15495 (6 September 2006)
Chief Justice's Court
Special Appeal No. 1008 of 2006
Rajesh Singh vs. State of U.P. and another
Counsel for the appellant : Mr. A.P. Tewari &
Mr. S.S. Tripathi
Counsel for the respondents: Chief Standing Counsel
Hon'ble Ajoy Nath Ray,CJ
Hon'ble Ashok Bhushan,J
This is an appeal against the order of the learned Single Judge dated 17.7.2006 dismissing the writ petition challenging the order of suspension.
The order of suspension dated 30.7.2005 was ordered on the ground that the appellant is under detention in Case Crime No. 386 of 2005 under Section 307, I.P.C. Under Rule 4 (3) (b) of the U.P. Government Servant (Control and Appeal) Rules, 1999, the appellant has a right after being released from the custody to inform in writing to the competent authority about his detention and make a representation against the deemed suspension. The suspension order was only on account of his being under the detention.
Under Rule 4 (3) (b) of the aforesaid Rules, it is open for the appellant to represent against the said suspension order before the competent authority who may consider and take an appropriate step as expeditiously as possible in accordance with law. There is no error in the suspension order.
We do not find any error in the order dismissing the writ petition. Thus, excepting the liberty as given above, the appeal is dismissed.
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