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2006 DIGILAW 894 (SC)

Noida Entrepreneurs Assocn. v. NOIDA

2006-08-11

ARIJIT PASAYAT, C.K.THAKKER, LOKESHWAR SINGH PANTA

body2006
ORDER : 1. Since the basic issue is whether the decision of the State of U.P. to drop the departmental proceedings which were admittedly initiated and kept in a be yance awaiting report of C.B.I., the ultimate issue to be decided is whether there were justifiable reasons for dropping the depart mental proceedings. Copies of the entire record relating to the departmental proceedings shall be filed within two weeks. All documents directed to be filed shall be placed on record by 25th August, 2006. 2. Place these petitions for further hearing on 28th August, 2006. 3. During the course of hearing, it was brought to our notice by learned Amicus-Curiae that S.L.P.(Crl.) No. 1904 of 2006 (Neera Yadav v. Union of India & Anr.) has bearing on the present case, as one of the points raised before Justice Thomas Commission related to effect of Section 197 Cr.P.C. It is stated that the said case was being heard along with some other cases i.e. Criminal Appeal No. 801 of 2003 before a Bench presided over by Hon'ble Mr. Justice K.G. Balakrishnan. We are informed, the Bench declined to hear the connected cases. The Hon'ble Chief Justice may kindly consider whether S.L.P. (Crl.) No. 1904 of 2006 can be heard by this Bench in view of the accepted position that the same has bearing on the controversy involved in the present case, and in fact direction was given in this case for disposal of the case which was then pending before the Allahabad High Court. The Registry to obtain necessary directions in this regard from Hon'ble the Chief Justice of India.