Pradeep Kant, J. - (1.) Heard the learned counsel for the petitioner Sri Umesh Kumar Srivastava, learned counsel for the State Sri A.K. Verma and Sri P.K. Srivastava, who has moved the application for impleadment of Janardan Lal, who has filed writ petition no. 1062 (SB) of 2005, challenging the very initial order of appointment by deputation of the petitioner on the post of Director in the Department of Prison Administration and Correctional Services.
(2.) The petitioner Chandra Prakash Srivastava who was substantially appointed and working in the parent department, namely, Department of Industries, Govt. of U.P. as Assistant Director, Industries, feels aggrieved by an order dated 12.1.06, by means of which his deputation to the Department of Prison Administration and Correctional Services on the post of Director, Jail Industries has been cancelled.
(3.) Assailing the aforesaid order, the learned counsel for the petitioner Sri Umesh Kumar Srivastava has submitted that the order has been passed in violation of the terms of appointment by means of which he was sent on deputation contained in Annexure-2 dated 14.6.05, besides being stigmatic in character. He further submits that since the petitioner was sent on deputation on 14.6.05, it will be within the knowledge of the State Government that against the petitioner some charges were pending and, therefore, after the issuance of the charge sheet and initiation of disciplinary proceedings, merely on the pendency of the disciplinary proceedings, the order of deputation could not be cancelled.;