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1992 Supreme(HP) 73

LEILA SETH, DEVINDER GUPTA
CHANDER SINGH MANDYAL – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):Mr. M. S. Chandel. For the respondent(s):Mr. Chhabil Dass, Advocate General.

JUDGMENT

Leela Seth, C. J.—The main prayer of the two petitioners, who are the Secretary and member respectively of the Joint Action Committee of the non gazetted officers of Himachal Pradesh is for quashing Annexure-Pl, which is an order dated 19th June, 1992 passed under section 144 of the Code of Criminal Procedure, 1973 by respondent No, 2, the District Magistrate, Shimla.

2. An averment has been made in paragraph 10 of this petition regarding the mala fides of "the Honble Chief Minister of Himachal Pradesh”. However, the Chief Minister has not been made a party and Mr. M. S. Chandel, learned Counsel for the petitioners, has clearly stated at the Bar that the petitioners are not pressing paragraph 10 of the petition and the allegations of mala fides.

3. Learned Counsel for the petitioners submits that the impugned order is arbitrary and void and must be quashed since "the material facts" have not been set out in the said order dated 19th June 199 A He further submits that the fundamental rights of the petitioners under Article 19 (1) of the Constitution have been infringed and they are prejudiced as they are not aware as to why the order has been passed. He also contends that ther
















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