The petitioner challenged a suspension order dated 9.12.2021 issued by the District Panchayatraj Officer. The court observed the petitioner failed to aver compliance with a prior direction to produce the record. Finding no illegality in the suspension order, the writ petition was dismissed.
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Court No. - 34
Case :- WRIT - A No. - 5895 of 2022
Petitioner :- Surendra Pal Saxena Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. R.K. Pandey, learned counsel for petitioner, learned Standing Counsel for respondents- 1 to 4 and Mr. Pramod Kumar Srivastava, learned counsel for respondent-5.
Challenge in this writ petition is to the suspension order dated 9.12.2021, passed by respondent-3 District Panchayatraj Officer, Budaun.
Perusal of suspension order goes to show that vide letter dated 9.12.2021 issued by Block Development Officer, petitioner was directed to produce the record. However, in the writ petition there is no averment showing compliance of the order dated 9.12.2021.
In view of above, this court does not find any illegality in the impugned suspension order dated 9.12.2021. Consequently, writ petition fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 18.5.2022 Arshad
Digitally signed by ARSHAD MAHMOOD Date: 2022.05.19 17:24:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the suspension order dated 9.12.2021 was illegal and sustainable in view of the petitioner's failure to produce records.
Whether the writ petitioner is liable to be dismissed for lack of averment regarding compliance of a prior direction.
Surendra Pal Saxena
State Of U.P.
Rajeev Misra
Arshad Mahmood
As recorded by the court registry
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