Yashoda Nandan, J. - (1.) The petitioner who is incarcerated in the Central Prison at Naini, by means of this petition challenges the legality of the order dated 9th February, 1981 passed under Section 3 of the National Security Act, 1980 (hereinafter referred to as the Act) (Act No. 65 of 1980) by Sri Vidya Prakash designating himself as the District Magistrate, Allahabad. Though a number of points have been urged in support of this writ petition, it can be disposed of on the simple ground that on the date when the order of detention was passed by Sri Vidya Prakash, he was not the District Magistrate of Allahabad.
(2.) During the course of the hearing before us the learned Counsel for the State produced a radiogram message issued by the Chief Secretary to the Government of Uttar Pradesh to Sri S. A. T. Rizvi, District Magistrate, Allahabad, Sri J. N. Pradhan, Commissioner, Allahabad Division, Allahabad. and Sri Madhukar Gupta. Officiating Commissioner, Moradabad Division, as follows: Sri S. A. T. Rizvi, District Magistrate Allahabad has been promoted to super-time scale and appointed as Officiating Commissioner, Moradabad Division, Moradabad. He may make over charge of his present post to Sri V. P. Singh Additional District Magistrate (Executive) Allahabad who may officiate as District Magistrate, Allahabad till permanent arrangement is made and proceed to Moradabad to take over charge of his new assignment. On relief by Sri S. A. T. Rizvi Sri Madhukar Gupta will continue as District Magistrate, Moradabad, Signal compliance.
(3.) It is on the basis of this radiogram message admittedly according to the learned Counsel appearing for the State that Sri V. P. Singh was functioning at the relevant time as District Magistrate, Allahabad. Subsequently, a Notification dated 25th May, 1981 was issued in the U. P. Gazette dated 17th June, 1981 under the signature of the Chief Secretary of the State Government to the effect that Sri V. P. Singh. Additional District Magistrate. Allahabad was being appointed in addition to his own duties as officiating District Magistrate with effect from 18th January to 14th February, 1981, Apart from the radiogram message quoted above and the gazette notification dated 25th May, 1981, it was conceded by the learned Counsel for the State that there was no other order or gazette notification appointing Sri V. P. Singh as the District Magistrate of Allahabad, complying with the requirements of Article 166 of the Constitution. The position that thus emerges is that Sri V. P. Singh during all relevant periods continued to be the Additional District Magistrate, Allahabad, though he was for the time being empowered to exercise the powers of the District Magistrate in addition to his own duties. He never ceased to be the Additional District Magistrate (Executive) Allahabad.;