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Manoj Kumar Singh v. State Of U.P. & Others - SPECIAL APPEAL No. 1391 of 2006 [2006] RD-AH 18812 (7 November 2006)


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Court No.32

Special Appeal No.1391 of 2006

Manoj Kumar Singh .....Appellant


State of Uttar Pradesh and another .....Respondents


Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

We have heard learned counsel for the appellant and also perused the judgment of the Hon'ble Single Judge of this Court dated 18.10.2006 in Civil Misc. Writ Petition No. 57970 of 2006..

The facts in brief are that the appellant was posted as Junior Clerk under the Chief Medical Officer, Fatehpur and was posted in the office of District Leprosy Officer, Fatehpur. However, for administrative reasons he was attached with the Primary Health Centre, Dhata, District Fatehpur temporarily where there was no sanctioned post available. The Chief Medical Officer, Fatehpur vide order dated 25.9.2006 revoked the appellant's attachment with Primary Health Centre, Dhata and directed to join the substantive place of posting, i.e., in the office of the District Leprosy Officer, Fatehpur.  However, the Chief Medical Officer was under the impression that due to Notification of the Local Bodies' Election notified on 25th September, 2006, such transfer order may not be permissible and, therefore, vide order dated 26th September, 2006 revoked the aforesaid order, but on clarification received from the authorities concerned that there was no obstruction in such order, passed a fresh order on 13th October, 2006 directing the appellant to join his substantive place of posting under the District Leprosy Hospital, Fatehpur. Against this order, the appellant filed the aforesaid writ petition which has been dismissed by the Hon'ble Single Judge vide judgment under appeal.

Learned counsel for the appellant, however, sought to argue that earlier also the said order was issued but was subsequently recalled and, therefore, there was no occasion to transfer the petitioner-appellant again to the District Leprosy Hospital. We do not find any force in the submission for the reason that the same was earlier recalled on the presumption that the Model Code of Conduct is applicable. Now the petitioner-appellant has again been asked to join at the place of his regular posting.  The Chief Medical Officer has passed the order posting the petitioner-appellant at the substantive place of posting. Learned counsel for the petitioner-appellant could not show us any statutory provision whereunder the said order could not have been passed by the Chief Medical Officer.

We, therefore, do not find any error either in the impugned order or in the judgment under appeal.

The appeal, being without merit, is dismissed summarily.




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