MARKANDE MANI TRIPATHI Vs. BRAJESH MANI TRIPATHI

JUDGEMENT

(1.) HEARD Mr. Ramesh Rai in support of this appeal. Mr. Shashi Nandan, Senior Advocate and Mr. Ashutosh Gupta appear for respondent Nos. 1 to 5, Mr. A. K. Srivastava appears for respondent Nos. 6 to 9.

(2.) THE respondent Nos. 1 to 5 have filed a petition bearing petition No. 6361 of 2008. THEy have challenged the order passed by the Commissioner, Gorakhpur on 24th January, 2008 whereby he has withdrawn the promotions which were granted to them. He has passed a reasoned order.

(3.) MR. Shashi Nandan, learned Senior Advocate on the other hand submitted that after the selections were made, a petition was filed by the other Lekhpals, bearing writ petition No. 53240 of 2007, wherein the State Government has filed a counter-affidavit and defended the selection and no interim order was granted. Now subsequently this order has been passed by the Commissioner on 24th January, 2008 and surely, therefore, the learned Single Judge was right in grant ing the. stay, which he has done. The appeal is confined basically to the interim order.