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RAJESH SINGH versus THE STATE OF U.P. & OTHERS

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 [2006] RD-AH 15495 (6 September 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Chief Justice's Court

Special Appeal No. 1008 of 2006

Rajesh Singh vs. State of U.P. and another

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Counsel for the appellant : Mr. A.P. Tewari &

Mr. S.S. Tripathi

Counsel for the respondents: Chief Standing Counsel

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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.  

Dated:6.9.2006

RK/


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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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