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Vishnu Kumar Sikaravar v. Anil Kumar Garg and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8224 of 2016)Decided 22 Aug 2016
Civil Appeal No. 8224 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This order does not decide the main case. The dispute, from Uttar Pradesh, was about whether the first respondent should be restrained from exercising financial and administrative powers following a show-cause notice. On 12 July 2016 the Court had directed the State of Uttar Pradesh to issue a fresh show-cause notice and give a hearing before deciding the restraint question.

Decision Breakdown

This is not a final decision on the main case. The Court noted that the fresh notice had been issued and a reply filed. It disposed of the appeal by directing the competent authority to pass final orders on the merits within three weeks, after hearing both sides. All contentions available to the parties were kept open.

Lesson Learnt

There is no final ruling from the Court on whether the restraint should stand. That question is left to the competent authority after a fresh hearing.

Official source (sci.gov.in)View Judgment (PDF)

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