CHANDRA MOHAN SAXENA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1994-9-135
HIGH COURT OF ALLAHABAD
Decided on September 23,1994

Chandra Mohan Saxena Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

R.S. Sharma, J. - (1.) Being aggrieved by order of his suspension dated 22.7.1994, passed by the Chief Engineer, the appellant, who is a Junior Engineer in U.P. Rajkiya Nirman Nigam Ltd., Gomti Nagar, Lucknow filed a writ petition before this Court, which was dismissed by learned Single Judge on 10.8.1994. Dissatisfied with the said judgment, the appellant has filed this special appeal.
(2.) We have heard the learned counsel for the appellant and the learned Standing counsel.
(3.) The only contention raised by the learned counsel for the appellant in this case is that the impugned order of suspension has been passed by the Chief Engineer at the dictate of the State Government and not in exercise of his own descretion. In support of this submission, learned counsel has placed reliance on Nagarj Shivarao Karjagi v. Syndicate Bank H.Q., (1991(63) FLR 133). Sant Raj v. O.P. Single, (1985 SCC (L & S) 435). Ratanpal Singh v. Deputy Director of Education, VI Region Lucnow, (1982 U.P. Service Cases 506), Smt. S.R. Venka-taraman v. Union of India, (1979(1) SLR 130). The Government of India Ministry of Home Affairs v. Tarak Nath Ghose, (1971 SLR 264), the Purtabpur Company Ltd. v. Cane Commissioner of Bihar, AIR 1970 SC 1896, Ram Narain Tewari v. Joint General Manager, 1984(2) LCD 298, Ram Nath Tripathi v. Commissioner, Lucknow Division Lucknow, (1992) 2 UPLBEC 1181) and Ram Ujagar Tripathi v. State of U.P. and others, (Writ Petition No. 760 of 1983), decided on 3.3.1983.;


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