- (1.) Sri Satya Prakash has accepted notice on behalf of the Food Corporation of India and may file counter affidavit within four weeks. List thereafter.
(2.) A perusal of the record of this petition shows that this writ petition was originally filed before the Lucknow Bench of this court in August 1988. It kept pending at Lucknow and on 23-4-2001 a Division Bench at Lucknow passed an order calling for a reply within ten days. Subsequently, it appears that an application under clause 14 of the U.P. High court (Amalgamation) Order, 1948 was filed before Hon'ble the Chief Justice and by an order dated 13-12-2001 Hon'ble the Chief Justice passed an order transferring the case to Allahabad.
(3.) This writ petition is a typical instance of how petitions which are not pertaining to Lucknow Bench at all, inasmuch as no part of the cause of action has arisen within Avadh area, are being filed in the Lucknow Bench of this Court and are unfortunately being entertained although the Lucknow Bench has no jurisdiction in the matter. This writ petition was filed against the impugned order dated 3-6-1988 which was passed by the Senior Regional Manager, Food corporation of India, Chandigarh. The impugned order dated 3-6-1988 is an order of compulsory retirement which was passed at Chandigarh and at that time it appears that the petitioner was posted at Aligarh. Hence the writ petition could either have been filed at Allahabad or in the High Court of Punjab and Haryana, but it could certainly not be filed at the Lucknow Bench of this Court. It appears that the Senior Regional Manager, Food Corporation of India, Lucknow was impleaded as a respondent in this case and in this way the jurisdiction at Lucknow Bench was sought to be artifically created.;