Court No. - 29

Case :- SPECIAL APPEAL No. - 149 of 2021

Appellant :- Nilansh

Respondent :- The Secretary In Charge / Amin - Auctioner And 4 Others

Counsel for Appellant :- Mayank Kumar Agrawal

Counsel for Respondent :- Archit Mandhyan

Hon'ble Munishwar Nath Bhandari,Acting Chief Justice

Hon'ble Piyush Agrawal,J.

Heard Shri Mayank Kumar Agrawal for the petitioner -

appellant and Shri Adarsh Bhushan for the respondents.

By this appeal, a challenge is made to the judgement dated

16.03.2021; whereby, the writ petition, preferred by the

petitioner, was disposed of without causing interference in the

order of suspension, so as the charge sheet.

Learned counsel for the appellant submits that the suspension

order, so as the charge sheet, were not by the competent

authority as per Rule 7 of the Uttar Pradesh Government

Servant (Discipline & Appeal) Rules, 1999 (hereinafter referred

to as, 'the Rules of 1999'). The petitioner - appellant was

appointed as Class - IV servant and for him, the competent

authority was the Secretary of Mandi Samiti. The order of

suspension, so as the charge sheet, has been issued by the

officiating Secretary. According to t