- (1.) By the Court.-The present Special Appeal has been filed against the judgment and order dated 30.3.2010 passed by a learned Single Judge whereby the learned Single Judge while granting time to the parties to exchange affidavits, has stayed the operation of the suspension order dated 21.1.2010.
(2.) We have heard Sri PS. Baghel, learned senior counsel assisted by Sri Gautam Baghel, learned counsel for the appellant, learned Standing Counsel appearing for the State respondent Nos.1 to 3, Smt. Seema Agrawal, learned counsel appearing for respondent No. 4 and Sri Manu Saxena, learned counsel appearing for respondent No. 5 and also perused the judgment and order dated 30.3.2010 passed by the learned Single Judge, the grounds taken in the memo of appeal and the documents filed alongwith the appeal.
(3.) Sri Baghel, learned senior counsel appearing for the appellant invited the attention of the Court to Annexure-2 to the affidavit filed in support of the stay application to the present appeal and submitted that as respondent No. 4 had preferred statutory appeal, which fact was not disclosed in the writ petition, he is not entitled for any discretion of this Court in exercise of its equitable jurisdiction under Article 226 of the Constitution of India being guilty of Concealment of fact and the order dated 30.3.2010 passed by the learned Single Judge may be set aside.;