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SALAMAT KHAN versus U.P. POWER CORPORATION AND OTHERS

High Court of Judicature at Allahabad

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Salamat Khan v. U.P. Power Corporation And Others - WRIT - A No. 66238 of 2005 [2005] RD-AH 4357 (18 October 2005)

 

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.7

                   Civil Misc. Writ Petition No .66238 of 2005

Salamat Khan                          versus             U.P. Power Corporation Ltd.

                                                                       and others.

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner is working as Truck Driver in Electric Distribution Division Ist Rampur.

This writ petition has been filed for quashing the impugned transfer order dated 25.8.2005 passed by respondent no.2, Managing Director, Paschimanchal Vidyut Vitran  Nigam Ltd. Victoria Park, Meerut by which the  petitioner was transferred from Rampur to Meerut.

It appears from the record that the petitioner is suffering from brain haemorrhage. From perusal of the impugned transfer order it appears that the transfer of the petitioner has been approved by the  High Level Independent Committee constituted under the interim order dated 24.2.2005 passed by the Hon'ble Supreme Court  in Writ ( Civil) No. 97 of 1997, Suresh Chandra  Sharma Vs. Chairman, UPSEB and others. Since the order of transfer has been communicated after he has suffered from brain haemorrhage, medical certificate and papers of the petitioner could not be placed before the High Level Independent Committee.

In the circumstances, it is directed that the medical certificates and papers of the petitioner along with recommendations dated 30th September, 2005 of the Executive Engineer, Vidyut Vitran Khand-II, Paschimanchal Vidyut Vitran Nigam, Ltd and dated 28.9.2005 of the S.D.O., Vidyut Vitran Sub- khand-II,Rampur and his representation dated 15.9.2005 shall be placed before the High Level Independent Committee within two weeks from today. The Committee will reconsider and take decision in the matter afresh within two weeks thereafter in the light of the medical certificates as well as the papers submitted before it and communicate about the decision taken in the matter within a further period of two weeks thereafter.

With the aforesaid observations, the writ petition is disposed of.

Dated 18.10.2005

CPP/-

                                                                                                           Court no.7

                   Civil Misc. Writ Petition No .66238 of 2005

Salamat Khan                          versus             U.P. Power Corporation Ltd.

                                                                       and others.

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner is working as Truck Driver in Electric Distribution Division Ist Rampur.

This writ petition has been filed for quashing the impugned transfer order dated 25.8.2005 passed by respondent no.2, Managing Director, Paschimanchal Vidyut Vitran  Nigam Ltd. Victoria Park, Meerut by which the  petitioner was transferred from Rampur to Meerut.

It appears from the record that the petitioner is suffering from brain haemorrhage. From perusal of the impugned transfer order it appears that the transfer of the petitioner has been approved by the  High Level Independent Committee constituted under the interim order dated 24.2.2005 passed by the Hon'ble Supreme Court  in Writ ( Civil) No. 97 of 1997, Suresh Chandra  Sharma Vs. Chairman, UPSEB and others. Since the order of transfer has been communicated after he has suffered from brain haemorrhage, medical certificate and papers of the petitioner could not be placed before the High Level Independent Committee.

In the circumstances, it is directed that the medical certificates and papers of the petitioner along with recommendations dated 30th September, 2005 of the Executive Engineer, Vidyut Vitran Khand-II, Paschimanchal Vidyut Vitran Nigam, Ltd and dated 28.9.2005 of the S.D.O., Vidyut Vitran Sub- khand-II,Rampur and his representation dated 15.9.2005 shall be placed before the High Level Independent Committee within two weeks from today. The Committee will reconsider and take decision in the matter afresh within two weeks thereafter in the light of the medical certificates as well as the papers submitted before it and communicate about the decision taken in the matter within a further period of two weeks thereafter.

With the aforesaid observations, the writ petition is disposed of.

Dated 18.10.2005

CPP/-


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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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