JUMMAN KHAN Vs. STATE

JUDGEMENT

(1.) This is a reference, made by the learned Commissioner, Jhansi Division, Jhansi in respect of revision petition No. 73 of 1980-81/Lalitpur, with his recommendation that the revision petition be allowed and the order, passed by the learned trial Court is set aside.

(2.) I have heard the learned Counsel for the revisionist as well as learned DGC (R) appearing for the State of U.P. and have also gone through the record on file. For the revisionist, it was contended that the reference be accepted, revision petition be allowed, as per the recommendation made by the learned Commissioner. The learned DGC (R) appearing for the State of U.P. submitted that the order passed by the learned trial Court be maintained and the reference be rejected.

(3.) Having closely and carefully examined the matter, in question, I find that the learned Commissioner has analysed, discussed and considered the facts and circumstances of the instant case in correct perspective of law and has rightly recommended for setting aside the order passed by the learned trial Court. I find no reason to disagree with the conclusion and inference, drawn by the learned lower revisional Court. To my mind, no manifest error of law, fact or jurisdiction has been committed by it in making the aforesaid recommendation as the order passed by the trial Court is unsustainable and unwarranted in law.