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The Allahabad High Court has provided relief to Right Reverend Dr Peter Baldev, the former Bishop of the Lucknow Diocese of the Church of North India, in his challenge against his removal from office.
Justice Piyush Agrawal passed the order after examining the issues raised in the appeal.
Case Background
Dr Baldev was elected Bishop of the Lucknow Diocese during an Episcopal election in New Delhi on August 5, 2015. Authorities consecrated him at St Paul’s Cathedral in Kolkata four days later.
Dr Baldev subsequently received his formal installation at All Saints’ Cathedral in Prayagraj on August 11, 2015.
The Synod of the Church of North India informed Dr Baldev about his dismissal through a letter dated March 10, 2023. He then approached the Civil Court in Prayagraj to challenge the decision.
The Civil Judge (Senior Division) rejected his suit on May 16, 2024, under Order 7 Rule 11 of the CPC.
The court held that the Bishop’s appointment constituted a private service arrangement and that Section 14 of the Specific Relief Act barred the case.
The Additional District Judge later upheld the decision and dismissed his appeal.
Advocates Kartikeya Saran, Subedar Mishra and Jhanvi Tripathi, appearing for Dr Baldev, argued that the lower courts had not adequately examined the Bishop’s position, the Church of North India’s Constitution and the relevant MoU.
Senior advocate Prabhakar Awasthi, representing the respondents, maintained that the Church Constitution restricted access to civil courts and provided an internal appeal mechanism under the Code of Synods.
Justice Agrawal found several issues worthy of consideration and admitted the appeal on questions 2, 4, 6 and 7 listed in the memorandum of appeal.
The court called for the lower court records and gave the respondents six weeks to submit their counter-affidavit. It stayed the effect of the challenged lower court orders until the next hearing, leaving Dr Baldev’s dismissal subject to further judicial proceedings.
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