VINAY KUMAR KULSHRESHTHA Vs. STATE OF U P

JUDGEMENT

(1.) This Special Appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules to assail the order dated 25 March 2011 by which an order of punishment was imposed upon the writ petitioners, who is the appellant herein, as also the order dated 9 January 2011 by which the appeal filed by the writ petitioners before the Appellate Authority to assail the basic order was dismissed.

(2.) Though number of submissions have been made by learned counsel for the appellant, Sri Anadi Krishna Narayan, learned counsel appearing for the respondent states that this Special Appeal would not be maintainable as it arises out of an order passed in a writ petition in which an appellate order was assailed.

(3.) We find substance in the submission advanced by learned counsel for the respondent-Bank. The Special Appeal would not be maintainable in view of the decision of this Court in Hasib Ahmad v. State of U.P. and others, (2008) 6 ADJ 757 as the writ petition had been filed to assail an appellate order also. The observations are as follows:-