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Nagendra Pratap Singh v. State Of U.P. & Others - SPECIAL APPEAL No. 1446 of 2006 [2006] RD-AH 19490 (17 November 2006)


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Special Appeal No. 1446 of 2006

Nagendra Pratap Singh vs. State of U.P. and others


Counsel for the appellant :        Mr. P.M.N. Singh (Sr. Adv.) &

      Mr. T.C. Sharma

Counsel for the respondents:    Mr. K. Shahi &

      Standing Counsel.


Hon'ble Ajoy Nath Ray,CJ

Hon'ble Ashok Bhushan,J

We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice A.P. Sahi on the 12th of September, 2006.

His Lordship refused to recall an earlier order because the writ petition had been withdrawn by the appellant on that date. The appellant makes the case that the withdrawal was on the basis of compulsion and coercion. The only grounds given are that an order was passed by the District Basic Education Officer on 16.8.2005 stopping the payment of the appellant's salary and that on 16.5.2005, the Manager of the institution asked the appellant to explain and justify the approval granted to the appellant.

The appellant submits that these were the counterblasts to his now withdrawn petition.

It amounts nowhere near to proving coercion; if the appellant has no problems with his own appointment and approval, he should not be scared to face any show cause notice. It is very difficult to prove coercion even in a suit on the basis of oral evidence, and to prove it in a writ only on the basis of admitted documents, is almost impossible. The appeal is dismissed.




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