NAND KISHOR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Nand Kishor v. State Of U.P. And Others - WRIT - A No. 33133 of 2006 [2006] RD-AH 10723 (26 June 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Tarun Agarwala, J.

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

The petitioner was transferred by an order dated 7.6.2006. It is alleged that the petitioner applied for leave. Since he did not join the place of transfer, the petitioner was suspended by an order dated 14.6.2006.

In my opinion, the order of suspension is harsh and in the facts and circumstances, as stated aforesaid, that he had applied for leave, this Court is of the opinion, that the suspension order cannot be sustained provided  the petitioner joins the place of transfer.

In view of the aforesaid, if the petitioner joins the place of transfer, as per the order dated 7.6.2006, within10 days from today, the suspension order shall not be given effect to and would be deemed to have been quashed.

The writ petition stands partly allowed. In the event the petitioner does not joins the place of transfer within the aforesaid period  of 10 days, the suspension order shall remain effective.

Dated:26.6.2006

AKJ(WP 33133/06)

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