V.M.SAHAI, BARKAT ALI ZAIDI, JJ. - (1.) HEARD Sri H.R. Misrha, learned Counsel for the petitioner, Sri Shiv Nath Singh learned Additional Chief Standing Counsel for respondent No. 1 and Sri Atul Srivastava, Advocate holding brief of Sri V.P. Mathur, learned Counsel appearing for respondent No. 2. They pray for and are allowed a month's time to file counter affidavit. The petitioner shall have three weeks thereafter to file rejoinder affidavit. The petitioner shall also take steps to serve respondent No. 3 by registered post within a week. The office shall send notices returnable at an early date.
(2.) LIST on the date fixed by the office in the notice. Normally the Court should not interfere at the interim stage in the mattes of dismissal. But, here we have a case where interim order must be made against the Government.
(3.) THE petitioner was serving as Assistant Excise Commissioner/District Excise Officer, Chandauli when the impugned order dated 23.1.2006 (Annexure-12 to the writ petition) was passed.;