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Judgment
This appeal is directed u/s 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assailing order dated 3.10.2011 in W.P. 14147/2011. By the aforesaid order, learned Single Judge while considering I.A.11373/11 in the writ petition praying for interim relief directed that any action taken by the authorities pursuant to the order of the High Power Scrutiny Committee and the notice issued thereafter shall be subject to the final decision of this petition. It is submitted by the petitioner that though the High Power Scrutiny Committee have found the caste certificate of the petitioner as false but inspite of this the appellant is having his case before the Single Bench and the writ petition has already been admitted so the appellant is entitled for ad interim writ till the decision of the writ petition. It is further submitted by Shri Tamrakar that if the appellant who is serving since last 17 years is allowed to serve till the decision of the writ petition, nothing is to be suffered by the State, while the appellant shall suffer irreparably, she will loose her job.
Shri Pathak, learned Dy. A.G. submitted that the learned Single Judge has considered the facts of the case and rightly protected the interest of the appellant by the impugned order which needs no interference from this Court.
After hearing both the parties and perusal of the record, we find that the learned Single Judge rightly protected the interest of the appellant, in which we do not find any reason for interference.
Shri Pathak, learned counsel appearing for the State at this stage submitted that it will meet the ends of justice if the matter is heard and decided expeditiously. The state shall file return in the matter within a period of four weeks from today positively and he shall see that the return is filed within the aforesaid period.
Considering aforesaid, we dispose of this writ appeal with a request to the learned Single Judge to hear and decide the matter expeditiously as far as possible within a period of four months from the date of communication of this order. The statement made by Shri Pathak is also taken on record.
No order as to costs.