- (1.) The Appellant was elected Pradhan of Gaon Sabha, Bibiyapur Kayasthan, Pargana and Tahsil Bareilly. By order dated 224d September, 1992, passed by the Sub-Divisional . Officer, Sadar, Bareilly, he was placed under suspension. The Appellant challenged the suspension order before the Commissioner, Bareilly Division, Bareilly, through revision. The revision was dismissed on 24th November, 1992. Aggrieved by the orders of the Sub-Divisional Officer and the Commissioner, the Appellant preferred writ petition No. 4711 of 1993 before this Court. A learned Single Judge by his judgment and order dated 16th April, 1993, dismissed the writ petition. The present appeal is directed against that judgment and order.
(2.) The Stamp Reporter has reported that the appeal, which has been filed under Chapter VIII Rule 5 of the Rules of the Court, 1952, is not maintainable. The learned Counsel for the Appellant contests the report.
(3.) The relevant portion of Rule 5, Chapter VIII reads as follows: An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of jurisdiction conferred under Article 226 or Article 227 of the Constitution in respect of any judgment, order or award (a.) of a tribunal Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act) of one judge.;