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2004 Supreme(All) 1147

MARKANDEY KATJU, R.S.TRIPATHI
State of U. P. – Appellant
Versus
Meera Sankhwar – Respondent


Advocates:
Counsel for the Appellants : S.C.
Counsel for the Respondents: A. K. Srivastava, T. P. Singh and Vijay Gautam.

JUDGMENT

M. Katju, J.—This special appeal has been filed against the impugned interim order of a learned single Judge dated 1.7.2004. By that order the learned single Judge has stayed the order of the State Government dated 7.6.2004 by which the writ petitioner (who was the Adhyaksha of Zila Panchayat, Kanpur Nagar) was deprived of her financial and administrative powers pending the enquiry into the charges against her under the proviso to Section 29 (1) of the U. P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961.

2. Heard learned counsel for the parties.

3. A preliminary objection has been taken by the learned counsel for the respondents in this appeal that the impugned interim order dated 1.7.2004, was passed by a learned single Judge during the summer vacations and hence in view of Chapter V Rule 10 (1) of the Allahabad High Court Rules the said interim order amounts to an order of a Division Bench of this Court, and hence no special appeal will lie against it. We do not agree.

4. Chapter V Rule 10 states :

“Criminal work shall continue to be dealt with during the vacation by such Judges as may be appointed for the purpose by the Chief Justice.

They may also exercise ori

















































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