High CourtsDivision Bench(2010) 01 AHC CK 0029

Surendra Pal Saxena, Gram Panchayat Adhikari vs State of U.P. and Others

Allahabad High Court · Decided on 27 January 2010 · Citation: (2010) 124 FLR 878

HON’BLE JUDGES
C.K. Prasad, C.J · Arun Tandon, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 114 of 2010

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Judgment

7 paragraphs · 240 words

C.K. Prasad, C.J. and Arun Tandon, J.—Writ petitioner - appellant, aggrieved by order dated 22.12.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No. 69989 of 2009, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.

2.

Writ petitioner - appellant, aggrieved by the order of suspension dated 28.11.2009, preferred the writ petition, inter alia, contending that the order of suspension passed by the District Panchayat Raj Officer suffers from vice of mala fide and the allegation made to put him under suspension is false. Said submission did not find favour with the learned Single Judge and he dismissed the writ petition by the order impugned.

3.

Mr. Yogendra Sahai Saxena appears on behalf of the appellant. Respondent No. 7 is represented by Mr. P.P.S. Rathore, whereas respondent No. 8 is represented by Mr. D. Vaish.

4.

Mr. Saxena, appearing on behalf of the appellant, repeats the same submission, which was advanced before the learned Single Judge.

5.

We do not find any substance in the submission of Mr. Saxena. Enquiry is pending before the authority concerned. The appellant has an opportunity to prove his innocence before him.

6.

We are of the opinion that consideration of the matter by the learned Single Judge does not suffer from any error calling for interference in this appeal.

We do not find any merit in the appeal and it is dismissed accordingly.