STATE OF U P Vs. MEERA SANKHWAR

JUDGEMENT

(1.) M. Katju, J. This special appeal has been filed against the impugned interim order of a learned Single Judge dated 1- 7-2004. By that order the learned Single Judge has stayed the order of the State Government dated 7-6- 2004 by which the writ petitioner (who was the Adhyaksha of Zila Panchayat, Kanpur Nagar) was deprived of her financial and administrative powers pending the enqiury into the charges against her under the proviso to Section 29 (1) of the U. P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961. Heard learned Counsel for the parties.

(2.) A preliminary objection has been taken by the learned Counsel for the respondents in this appeal that the impugned interim order dated 1-7-2004 was passed by a learned Single Judge during the summer vacations and hence in view of Chapter V, Rule 10 (1) of the Allahabad High Court Rules the said interim order amounts to an order of a Division Bench of this Court, and hence no special appeal will lie against it. We do not agree. Chapter V, Rule 10 states : "criminal work shall continue to be dealt with during the vacation by such Judges as may be appointed for the purpose by the Chief Justice. They may also exercise original, appellate revisional, civil or writ jurisdiction vested in the Court in fresh matters which in their opinion require immediate attention. Such jurisdiction may be exercised even in cases which are under the Rules cognizable by two or more Judges, unless the case is required by any other law to be heard by more than one Judge. "

(3.) IT is then contended by the respondents that no Special Appeal lies against an interim order.