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This is an archive article published on August 30, 2011

HC breather for IAS officer earlier told to be removed from post

Himachal Pradesh High Court has given some respite to IAS officer Sanjay Gupta,who earlier this month faced severe strictures,and was ordered to be divested of his judicial powers.

The Himachal Pradesh High Court has given some respite to IAS officer Sanjay Gupta,who earlier this month faced severe strictures,and was ordered to be divested of his judicial powers.

The court,in its order on August 3 had also set a deadline for the government to shift him from the post of Divisional Commissioner,Kangra.

However,reviewing the order,on the basis of a revision petition filed by Sanjay Gupta,the court recalled its earlier order and re-wrote its two paras after Gupta’s lawyer Rajiv Jiwan pleaded in case the petitioner is removed from the post,he will suffer throughout his career and even studies of his daughter,who is studying in class 10 th at Dharamshala would be affected.

Passing the orders Justice Deepak Gupta said since Sanjay Gupta has expressed remorse and undertaken that in future he would follow the legal provisions,he needs to be given one more chance. However,the court made it clear that it would not hesitate to pass orders divesting him of judicial power,if any case comes to the notice of the court wherein he does not follow the procedure prescribed by law.”

The petitioner,while exercising his quasi-judicial powers had granted a stay to a party without giving any notice for hearing the petitioner,who later had approached the High Court.

The high court taking a serious view of the action had said that “instead of acting in a manner befitting a senior bureaucrat exercising judicial powers. he continues to act like a feudal Maharaja not caring about the rule of law.”

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