Single judge direction under Article 226 to Chancellor of AMU to decide a departmental appeal within three months ex-parte against non-appearing respondent.
Direction to respondent No. 2 to consider and decide the departmental appeal by the petitioner within three months from the date of the order.
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Court No. - 4
Case :- WRIT - A No. - 32022 of 2017
Petitioner :- Syed Mohd. Naseem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
In view of the office report dated 24.08.2017 service of notice is deemed to be affected upon the 2nd and 3rd respondents. Hence the Court proceeds in the matter ex-parte against the the respondents no. 2 and 3.
Heard learned counsel for the petitioner and learned standing counsel.
By means of this present petition, the petitioner has sought relief in the nature of mandamus commanding the Chancellor/Chairman of the Executive Council, Aligarh Muslim University, Aligarh, to decide the departmental appeal against the order passed by respondent no. 3 dated 02.05.2017, copy of which is brought on record as Annexure 2.
In the absence of any counter affidavit being filed and in the absence of any appearance on behalf of the respondents no. 2nd and 3rd the averments made in the writ petition and the documents appended therewith are prima facie taken to be true and accordingly direction is issued to respondent no. 2 to consider and decide the departmental appeal of the petitioner dated 08.05.2017 within a period of three months from the date of production of certified copy of this order. However, in case if the appeal has already been decided, he need not re-examine the matter and copy of the order if any passed thereon shall be provided to the petitioner within the aforesaid period.
This writ petition stands disposed of.
Order Date :- 27.11.2018 Md Faisal
1 issue framed by the court
Whether to issue a direction to the Chancellor of Aligarh Muslim University to decide the petitioner's departmental appeal.
Syed Mohd. Naseem
State Of U.P.
Unnamed Official
Unnamed Official
Ajit Kumar
As recorded by the court registry
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