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2019 (12) TMI 1472

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..... Hon'ble Shabihul Hasnain And Hon'ble Mrs. Rekha Dikshit, JJ. For the Petitioner : Karunanidhi Yadav, Krishna Kant. For the Respondent : G.A., A.S.G., Sanjeev Singh, Shiv P., Shukla, Sudhanshu Chauhan. Heard Sri S.P. Singh, Senior Advocate along with Sri Karunanidhi Yadav, learned counsel for petitioners as well as learned Additional Government Advocate. Sri S.B. Pandey, Assistant Solicitor General along with Sri Kazim Ibrahim for Union of India, opposite party nos.3 and 4. Sri Shiv P. Shukla for opposite party no. 5 while Sri Sanjeev Singh for opposite party no.6. Counter Affidavit was required to be filed by all the opposite parties. None except Sri S.B. Pandey has filed the counter affidavit on behalf of opposite .....

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..... ny offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval-- (a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government; (b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government; (c) in the case of any other person, of the authority competent to remove him from his office, at the time when .....

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..... sel for opposite parties, who have not filed counter affidavit, have made a prayer that further time may be granted to them for this purpose. Accordingly, three weeks' further time is granted to them to file counter affidavit. List thereafter. Meanwhile the order dated 4.4.2019, Annexure-3, on page-30 of the writ petition, shall not be given effect to against the petitioners. It is made clear that the investigation with regard to any other Government Officer or police officials, shall not be effected by this order. It will be proper that reference may be made of an order passed by this Court in Criminal Misc.Writ Petition No.36872 of 2018 (Suman Sharma and 3 others v. State of U.P. and 4 others) at Allahabad on 18.12.2018, o .....

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