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2006 Supreme(All) 248

RAKESH TIWARI
Kishan Chand, Ramdev Suspended Cadre Secretary Kisan Seva Sahkari Samiti – Appellant
Versus
State of U. P. – Respondent


Advocates:
H.R.Mishra, K.B.SRIVASTAV, M.P.GUPTA, MANOJ MISHRA,

RAKESH TIWARI, J.

( 1 ) HEARD counsel for the parties and perused the record. The petitioner was appointed as Cadre secretary by direct recruitment on 15. 2. 1977. While working as Cadre Secretary in Kisan Seva sahkari Samiti Ltd. the petitioner was placed under suspension by order dated 28. 12. 2005 by respondent No. 3, Member Secretary, District Administrative Committee and Secretary/general manager, District Co-operative Bank Ltd. , Muzaffarnagar. This petition has been filed with the following reliefs:

(i) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the suspension order dated 28. 12. 2005 passed by respondent No. 3 contained in annexure-1 to the writ petition.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the functioning of the petitioner as Secretary in pursuance of the aforesaid suspension order dated 28. 12. 2005.

(iii) Issue any other writ, order or direction, which this Court may deem fit and consider proper under the facts and circumstances of the case.

( 2 ) THE contention of the counsel for the petitioner is that the order of suspension is i










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