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2020 Supreme(MP) 431

AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA
Union of India – Appellant
Versus
Awadhesh Mishra – Respondent


Advocates:
N.S. Ruprah for appellants; D.K. Dixit for respondent No.1; Vishal Mohan Bharadwaj for respondent No.2.

JUDGMENT

Shukla, J. -- 1. The present intra-Court appeal is filed under section 2 (1) of the M. P. UchchaNyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by the order dated 11.9.2019 passed by the learned Single Judge in WP 11537/2019 whereby further proceeding has been stayed in the departmental enquiry giving liberty to the appellants to move an appropriate application under the following circumstances :

“(a) where the criminal trial has not concluded against the respondent No. 1/petitioner even after the passage of one year from the date of the order; and

(b) where the investigating agency, the respondent No. 3 in the writ appeal, files a closure report against the petitioner stating that no case is made out against him.”

With the aforesaid order, the writ petition has been adjourned sine die.

2. Learned counsel for the respondent No. 1/writ petitioner raised a preliminary objection regarding the maintainability of the appeal on the ground that the impugned order passed by the learned Single Judge is an interlocutory order and, therefore, the writ appeal is not maintainable.

3. Having perused the order passed by the learned Single Judge, we are of the consider

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