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Explain The Purpose Of Forming Separate Panel of Lawyers When CSC Available: Allahabad High Court Summons DG, Basic Education

Sparsh Upadhyay
22 July 2021 4:35 PM GMT
Justice Saral Srivastava, Allahabad High Court, Separate Panel of advocate, Director General, Basic education, Uttar Pradesh Government, Education department, Suspension stayed,

Calling it "strange", the Allahabad High Court last week sought the response of the Director-General, Basic Education, U.P., Lucknow on his decision to form a separate panel of lawyers, even when the department is being represented by the Chief Standing Counsel.

The Bench of Justice Saral Srivastava was hearing a Writ Petition filed by one Sanjay Singh, challenging his suspension from the post of Secretary Board of Basic Education.

Summoning the Director-General, Basic Education, U.P., Lucknow to explain as to under which provision of law he has formed a separate panel from the office of Chief Standing Counsel, the Court also directed him to file a personal affidavit and explain the purpose of forming a separate panel from the panel of Standing Counsel formed by the State Government.

Court stays the suspension

The Petitioner's counsel submitted that two complaints have been submitted against him by unknown persons without any affidavit in support of those complaints and thereafter, a show-cause notice was issued to him.

Pursuant to the notice, it was submitted, he filed his reply stating that frivolous charges have been leveled against him which are based upon a finding and roving inquiry by the authorities so as to make out a case for suspension against him.

He also submitted that the suspension order had been passed after about three years from the date he has been shifted from the post of Secretary, Board of Basic Education.

It was also submitted that he was on the verge of superannuation and was going to retire on August 31, 2021.

Lastly, noting that the matter requires consideration, the Standing Counsel was granted two weeks time to file a counter-affidavit and it was directed that until further orders of the Court, operation of the impugned order dated March 5, 2021 passed by Additional Chief Secretary, U.P. Government shall remain stayed.

Case title - Sanjay Sinha v. State of U.P. and Another

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