Court No. - 39
Case :- WRIT - A No. - 12348 of 2019 Petitioner :- Pramod Kumar Singh And 14 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioners is permitted to implead District Level Committee through its Chairman as respondent no.5 during the course of day.
Heard learned counsel for the petitioners, learned standing counsel for the respondent no. 1, 2 & 5 and Sri Vikram Bahadur Singh, learned counsel for the respondent nos. 3 & 4.
Learned counsel for the petitioners is assailing the impugned adjustment order dated 19.7.2019 passed by respondent no.4 on different factual grounds.
Sri Vikram Bahadur Singh, learned counsel for the respondent nos. 3 & 4, learned counsel for the respondent nos. 3 & 4 submitted that petitioners have alternative remedy to approach the District Level Committee-respondent no.5 as provided in Government Order dated 17.06.2019, which could not be disputed by the learned counsel for the petitioners.
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioners to approach District Level Committee-respondent no.5 constituted under the provisions of Government Order dated 17.06.2019 headed by District Magistrate by filing representation maximum within one week. In case any such representation is filed before the Committee, Committee shall consider and decide the same strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order. For a period of five weeks from today or till decision taken by the Committee, whichever is earlier, no coercive action shall be taken against the petitioners.
It is made clear that Court has not adjudicated the case on merits and it is upon the Committee to decide the representation of the petitioners after considering the relevant Rules as well as Government Orders occupying the filed.
Order Date :- 26.8.2019 Junaid