SHISHU PAL SINGH Vs. REGIONAL FOOD CONTROLLER, MEERUT REGION, MEERUT AND OTHERS
LAWS(ALL)-1993-12-62
HIGH COURT OF ALLAHABAD
Decided on December 10,1993

SHISHU PAL SINGH Appellant
VERSUS
Regional Food Controller, Meerut Region, Meerut And Others Respondents

JUDGEMENT

V.Bahuguna, J. - (1.) By means of present petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ of certiorari quashing the impugned order dated 4-10-1993 passed by the Regions Food Controller, Meerut Region Meerut (Annexure-12 to the writ petition). By the said order the earlier order of transfer dated 24-9-1993 has been cancelled and the officials have been directed to region the duties at the transferred place before 30th October, 1993. By the impugned order ten officials have been transferred.
(2.) Heard counsel for the parties and the Standing Counsel for the State of U. P.
(3.) The counsel for the petitioner contended that as the order of transfer dated 24-9-1993 bad been acted upon by the petitioner and he had joined the duties at the transferred place, the subsequent order dated 4th October, 1993 was a nullity and amounted to an arbitrary exercise of power. It is further contended that the transfer order dated 24-9-1993 has been cancelled on the representation of same of the affected Senior Marketing Inspector, as such the impugned order dated 4th October, 1993 has been passed by the respondent No. 1 under pressure and without giving any reasons on extraneous and malafide consideration. The petitioner places reliance on the Single Judge decision of this Court (Lucknow Bench), Smt Beena Tripathi v. State of U P. 1987 (2) Civil Decisions, 253 and another Single Judge decision of this Court rendered in writ Petition No. 30566 of 1993.;


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