ANAND KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed for issuance of a writ of certiorari quashing the order dated 14th July 1992 placing the Petitioner under suspension, copy of which has been filed as Annexure-11 to the writ petition. It is alleged that the Petitioner is working as L.T. grade teacher in the Government Higher Secondary School, Sukhidhang, district Pithoragrah. Petitioner's wife is alleged to have committed suicide on 20th June, 1991, however, a first information report was lodged by the in-laws of the Petitioner in which he along with his two brothers were named as accused. The Petitioner remained in jail for three months and was released on bail on 14th October, 1991. After the release it has been averred in the writ petition that the Petitioner was not allowed to join the institution. Since the Petitioner was not allowed to join his duties he filed a writ petition being Civil Misc. Writ Petition No. 14828 of 1992 for issuance of a writ of mandamus for directing the Respondents to allow him to perform his duties as L.T. grade teacher. On the aforesaid writ petition the following order was passed :

(2.) This fact is not disputed that the aforesaid writ petition is still pending in this Court. Inspite of the fact that the said writ petition is pending the Petitioner has filed the present writ petition challenging the order of suspension and the validity of Rule 49-A (2) (a) of the Civil Service (Classification, Control and Appeal) Rules, 1930.

(3.) The pivotal question which arises in the present case is whether the Petitioner can be permitted to file a second writ petition during the pendency of the first writ petition filed by him for the same relief.