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BANARAS HINDU UNIVERSITY & OTHERS versus MEDICAL STUDENTS ASSOCIATION

High Court of Judicature at Allahabad

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Banaras Hindu University & Others v. Medical Students Association - SPECIAL APPEAL No. 42 of 2001 [2006] RD-AH 17739 (16 October 2006)

 

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 Amitava Lala,J.

Hon'ble V.C.Misra,J.

Petitioner's contention is that at the time of passing the quasi judicial order by the Board of Revenue on 8.5.2006 certain observations have been made as against the petitioner being Tehsildar to initiate the disciplinary proceedings.  However, as yet neither any disciplinary proceeding has been initiated nor the petitioner has been put under suspension.  He contended before this Court that the Board of Revenue is final authority in respect of decision and it can pass final order.  But he has limited submission that the Board of Revenue cannot pass such order in a quasi judicial proceeding.  He annexed certain documents to satisfy the cause why the order will not be passed as against the petitioner.  

We cannot do so sitting in the writ jurisdiction.  It is open for the petitioner to go before the Board of Revenue with all facts and figures to expunge any observation made against the petitioner.  Since such remedy is open we cannot pass any affirmative order in favour of the petitioner.

With the above observation the writ petition is dismissed.

No order is passed as to costs.

Dated: 16.10.2006

MAA/-

WP 56430/06


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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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