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MAHESH CHANDRA SHARMA versus STATE OF U.P. THRU' PRINCIPAL SECY. AND OTHERS

High Court of Judicature at Allahabad

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Mahesh Chandra Sharma v. State Of U.P. Thru' Principal Secy. And Others - WRIT - A No. 33354 of 2003 [2003] RD-AH 255 (4 August 2003)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 33354 OF 2003

Mahesh Chandra Sharma ------ Petitioner

 Vs.

State of U.P. & ors. ------       Respondents

______

Hon'ble Dr. B.S.Chauhan, J

Hon'ble D.P.Gupta, J.

This writ petition has been filed for quashing the impugned termination order dated 24.7.2003, by which petitioner stood transferred from Mathura to Shikohabad, District Firozabad.

Shri B.N. Tiwari, learned counsel for the petitioner has submitted that petitioner has been subjected to successive transfer orders within a short span of time. Therefore, the order becomes liable to be quashed. The transfer order would cause great hardship as petitioner's daughter died on 24.1.2002 and his family could not recover from the said grief. It would be difficult for the petitioner to keep his family consoling if he is transferred at a far distance.

Be that as the fact remained that by the same impugned transfer order petitioner stood transferred from Mathura to Shikohabad, District Firozabad and in his place, one Shri P.P.Atri has been transferred to Mathura from Shikohabad, District Firozabad. As Shri Atri has not been impleaded as a respondent, the petition is not maintainable for want of non-joinder of necessary party.

This petition is dismissed as not maintainable. However, the petitioner has liberty to make a representation before the Competent Authority, and if he does so, the Authority is requested to consider the same in accordance with law.

4.8.2003

AKSI


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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