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2018 (4) TMI 1587

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..... upport of the grant of such interim order, so as to warrant an exercise from us to decide about the correctness or otherwise of such reasoning. The fact remains that the said interim order was granted at the time of admission of the writ petition. When such being the factual position, it is for the appellant to canvass against the interim order granted by the learned single Judge while arguing the Vacate Stay Petition. Since serious allegations are made against the writ petitioner, in the impugned order, which was put to challenge in the writ petition and in view of the fact that the learned Judge has chosen to grant the interim stay of the suspension order, we are of the considered view that the Vacate Stay Petition filed by the appella .....

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..... ussion of merits, after hearing both sides, as the order under challenge before us is only a single line order granting interim stay also by posting the matter for further hearing on another date viz., 02.04.2018. 3.The learned counsel appearing for the appellant vehemently contended before us that the learned Judge ought not to have granted such interim order, when the offence alleged against the writ petitioner in the impugned proceedings is very serious in nature and therefore, staying the impugned order of suspension, would amount to allowing the writ petition itself. Therefore, the learned counsel sought interference of this Court with the order passed by the learned single Judge. 4.On the other hand, the learned counsel appearin .....

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..... 2 of 2018, before the learned single Judge and the same is pending. 7.When such being the factual position, it is for the appellant to canvass against the interim order granted by the learned single Judge while arguing the Vacate Stay Petition. Since serious allegations are made against the writ petitioner, in the impugned order, which was put to challenge in the writ petition and in view of the fact that the learned Judge has chosen to grant the interim stay of the suspension order, we are of the considered view that the Vacate Stay Petition filed by the appellant herein before the writ Court has to be taken up immediately, so that an order on merits shall be passed in the stay petition by the writ Court. 8.Accordingly, the Writ Appe .....

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