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Dr. Surendra Kumar Upadhyaya v. State Of U.P. And Others - WRIT - A No. 49480 of 2006 [2006] RD-AH 15560 (7 September 2006)


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).


Hon'ble Amitava Lala, J.

Hon'ble V.C. Misra, J.

Heard learned counsel for the petitioner and perused the impugned order dated 28.8.2006 (Annexure No. 7 to the writ petition).

The petitioner has challenged the order-dated 28.8.2006 by saying that the Chief Medical Superintendent, M.L.N. Hospital, Allahabad has no authority to transfer him.

From perusal of the order-dated 28.8.2006 it seems that through this order the petitioner was only directed to hand over charge by 29.8.2006 in pursuance of the order dated 8.7.2006 passed by the Director General, Medical Health Services, U.P. Lucknow. It is only communication of order of the Director General, Medical Health Services, U.P. Lucknow to the petitioner by the Chief Medical Superintendent, M.L.N. Hospital, Allahabad. In such circumstances, we do not find any merit in the writ petition.

However, keeping in view the submissions of learned counsel for the petitioner, this writ petition is disposed of with a direction that in case the petitioner joins his transferred post as early as possible and thereafter moves a representation before the authority concerned, the same shall be considered and decided by the authority concerned upon affording fullest opportunity of hearing by passing a reasoned and speaking order, in accordance with law, as early as possible preferably within a period of one month from the date of filing of such representation. For the purpose of effective adjudication a copy of the writ petition alongwith its annexures will also be filed alongwith representation, which may be treated to be part and parcel of the representation.

No order is passed as to costs.

Dt.: 07.09.2006

Kdo/ (49480 /06)


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