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Jagdish Chandra v. Dy Director (admn.) Rajya Krishi Utpadan Mandi Parishad & Or - SPECIAL APPEAL No. 61 of 2005  RD-AH 246 (25 January 2005)
Court No. 32
Special Appeal No. 61 of 2005
Jagdish Chandra Vs. Dy Director(Administration) Rajya Krishi
Utpadan Mandi Parishad,U.P.Bareilly
Hon'ble S.Rafat Alam A.C.J.
Hon'ble Vikram Nath J.
This Special appeal is against the order of learned single Judge dated 21.12.2004 in Writ Petition No. 54708 of 2004.
We have heard learned counsel for the parties.
By the impugned order dated 23.11.2004 a proceeding is initiated against the appellant. During the pendency of that proceeding he has been attached to the Mandi Samiti Bisauli district Budaun. It is urged that the appellant being a class IV employee cannot be transferred in view of Rule 24(2) of the Uttar Pradesh Agricultural Produce Market Committees (Centralised) Services Regulations, 1991. We do not find any force in the submission. The aforesaid Rule 24(2) provides that the Director or Addl. Director or the Regional Deputy Director can transfer any Mandi Sahayak from one market committee to another market committee within the region or any member of the service holding group-D post other than Mandi Sahayak( Kamdar) from one market committee to another market committee within the district.
Admittedly, the appellant is working as Mandi Sahayak in Mandi Samiti Bareilly from where he has been attached to adjoining Mandi Samiti, Bisauli which is within the region on account of pendency of enquiry. Thus the learned single Judge has rightly did not interfere in the impugned order and dismissed the writ petition.
This appeal is accordingly dismissed.
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