SANJAY KUMAR GUPTA Vs. SECRETARY MINISTRY OF CO-OPERATIVE GOVERNMENT OF U P LUCKNOW AND
LAWS(ALL)-2002-10-45
HIGH COURT OF ALLAHABAD
Decided on October 28,2002

SANJAY KUMAR GUPTA Appellant
VERSUS
SECRETARY MINISTRY OF CO-OPERATIVE GOVERNMENT OF U P LUCKNOW Respondents

JUDGEMENT

- (1.) M. Katju, J. Heard learned Counsel for parties.
(2.) THE petitioner has challenged the impugned order dated 11-10-2002 a copy of which is Annexure 7 to the petition by which Respondent No. 6 has been reinstated in service. In our opinion the petitioner has no locus standi to challenge the impugned order in view of the decision of the Division Bench of this Court in Vijay Prakash Dixit v. State of U. P. , in Writ Petition No. 19069 of 2002 decided on 10-5-2002. In that decision this Court took the view that in view of the decision of the 3 Judge Bench decision of the Supreme Court in Chandra Gupta v. Government of India, 1995 SCC (L and S) 210, the contrary view of the two Judge Bench decision in Lakhi Ram v. State of Haryana, AIR 1981 SC 1655, is not good law. Hence, a third party cannot challenge the impugned order since it is matter between the employer and Respondent No. 6. The writ petition is dismissed. Petition dismissed. .;


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