G.B.PATTANAIK, S.C.AGRAWAL
P. K. Dave – Appellant
Versus
Peoples Union Of Civil Liberties (Delhi) – Respondent
JUDGMENT
Pattanaik, J.-Leave granted.
2. This Appeal by Special Leave has been filed by Shri P.K. Dave, Lt. Governor of Delhi seeking expunction of the following strictures made against him by the Division Bench of Delhi High Court in its judgment dated 26.5.1995 is Civil Writ Petition No. 3032 of 1994. The strictures sought to be expunged are:
"(a) We would hold that the decision of the Lt. Governor, Delhi, not to initiate disciplinary action against respondent no.2 and not to shift him from the post of Director, G.B. Pant Hospital, is vitiated by illegality, irrationality, arbitrariness and mala fides and hence it has no legal sanction. It is declared accordingly.
(b) In fact by rejecting the suggestion of the Secretary and the Chief Secretary to transfer Dr. Khalilullah the Lt. Governor acted in an arbitrary and unreasonable manner and abused his power.
(c) The Lt. Governor overruled and rejected the suggestion of the Secretary and the Chief Secretary in an arbitrary and unreasonable manner. No fair minded authority could have rejected the suggestion in the given circumstances.
(d) In these circumstances the learned c
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