ALOK KUMAR PANDEY Vs. STATE OF UP

JUDGEMENT

(1.) Heard the learned Counsel for the appellant Sri Shyam Mohan, Sri V.S. Tripathi for respondent No. 6 and the learned Counsel for the State.

(2.) The appellant challenged the order dated 4.7.2008 passed by the Joint Cane Commissioner (Development), Lucknow, saying that the appointment of the appellant made on the post of Clerk was farzi, which is an offence under the provisions of Indian Penal Code and, therefore, after taking legal advise at the local level, action be taken, as there is no requirement of holding any departmental enquiry, the appointment being fraudulent.

(3.) Before the learned Single Judge, the case of the appellant was that his appointment was not made on compassionate ground and as a matter of fact, he was appointed against a clear vacancy.