Ashok Bhushan, J. - (1.) Heard Sri A.B. Singh, learned counsel for the appellants and Sri H.R. Misra assisted by Sri Santosh Dwivedi, learned counsel for the respondents.
(2.) This is an appeal against the judgment and order dated 15.6.2006 passed by an Hon'ble Single Judge, dismissing the writ petition of the appellants. We have permitted appellant no.2 also to impugn the judgment of the learned Single Judge in his official capacity, as Executive Officer.
(3.) Brief facts necessary for deciding this appeal are; respondent no.4 to the appeal, Haridwar Tiwari was working as Class-IV employee in the Nagar Panchayat, Chandauli. The disciplinary proceedings were initiated against the said Class-IV employee, and by an order dated 28.4.2006, respondent no.4 was dismissed from service. Against the order passed by the Executive Officer, Nagar Panchayat, Chandauli, a representation was submitted to the Divisional Commissioner, who by an order dated 5.5.2006 entertained the representation against the said order and stayed the dismissal order passed by the Executive Officer dated 28.4.2006. The writ petition was filed by the appellant no.2 challenging the order of the Divisional Commissioner. The learned Single Judge dismissed the writ petition.;