Court No. - 39
Case :- WRIT - A No. - 13464 of 2019 Petitioner :- Shabana Anjum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioner is permitted to implead District Level Committee through its Chairman District Magistrate, Kanpur Nagar as respondent no. 5 in the writ petition during course of the day.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1, 2 and 5 and Sri Raghvendra Pratap, Advocate holding brief of Sri Akhilesh Chandra Srivastava, learned counsel for the respondent nos. 3 and 4.
Learned counsel for the petitioner is assailing the impugned adjustment order dated 15.7.2019 passed by respondent no.4 on different factual grounds.
Sri Raghvendra Pratap, Advocate holding brief of Sri Akhilesh Chandra Srivastava, learned counsel for the respondent nos. 3 and 4 submitted that petitioner has alternative remedy to approach the District Level Committee as provided in Government Order dated 17.06.2019 which could not be disputed by the learned counsel for the petitioner.
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioner to approach District Level Committee 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 respondent no. 5, he 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 petitioner.
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 petitioner after considering the relevant Rules as well as Government Orders occupying the filed.
Order Date :- 26.8.2019 Rmk.