STATE OF U P Vs. NARENDRA RAI

JUDGEMENT

(1.) THOUGH the State has filed the special appeal with a delay of about 10 months but counsel for the respondent has no objection in case the delay is condoned. We also find the ground sufficient. The delay in moving the special appeal is condoned.

(2.) SRI Vivek Shukla appearing for the State, assailing the order passed by the learned Single Judge, submits that the very appointment of the respondent since was not made in accordance with law/rules, therefore, no weightage could have been given to him for his working under the interim orders passed by this Court nor the writ petition could have been allowed.

(3.) IT is not being disputed by the appellant-State that the appointing authority of the respondent was Deputy Director. The only plea which has been taken is that the officer who appointed him was actually officiating as Deputy Director.