SHRI NARAYAN SHUKLA, ANANT KUMAR, JJ. - (1.) Heard Mr. Rakesh Chandra Rastogi, learned counsel for the appellant as well as Mr. Q.H.Rizvi, learned Additional Chief Standing Counsel for the respondents.
(2.) This intra court appeal has arisen out of order dated 9 March 2010, passed by the learned Single Judge in writ petition No.4119 (SS) of 2008:Ramesh Kumar v. State of U.P. and others.
(3.) Mr. Q.H. Rizvi, learned Additional Chief Standing Counsel has raised objection against the maintainability of the appeal in view of Rule 5 Chapter VIII of the Rules of the Court. We quote the Rule 5 Chapter VIII as under:- "5. Special appeal.- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of Appellate Jurisdiction in respect of a decree or order made by a Court subject to the Superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of Superintendence or in the exercise of criminal jurisdiction [or in the exercise of jurisdiction conferred by 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 under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution 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.];