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2002 Supreme(All) 511

R.B.MISRA
AJAI KUMAR SRIVASTAVA – Appellant
Versus
COMMISSIONER, CONSOLIDATION, LUCKNOW – Respondent


Advocates Appeared:
R.B.Pradhan

R. B. MISRA, J.

( 1 ) HEARD Sri R. B. Pradhan, learned counsel for the petitioner and learned standing counsel for the respondents. The case was listed on twelve occasions and on 16. 1. 2001, six weeks time was allowed with a stop order that no more time shall be allowed to file counter-affidavit. On 3. 12. 2001 also on humble request on behalf of the learned standing counsel, six weeks time was allowed with another stop order that no more time would be allowed to file counter-affidavit. At this stage also, there is no instructions on behalf of learned counsel for the respondents to enable him to file the counter-affidavit. Therefore, this petition is disposed of on the material available on records. Though the counter and rejoinder-affidavits have not been exchanged, however, now with the consent of the learned counsel for the parties this writ petition is being disposed of finally at this stage on the basis of material available on records and proceedings of the petition in reference to second proviso of Rule 2 of Chapter XXII of the High Court Rules, 1952.

( 2 ) BY this writ petition, the termination order dated 24. 11. 1983 passed under U. P. Temporary government Servant (Termi










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