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1998 Supreme(All) 513

S.R.SINGH
MOHAMMAD RAISH AHMAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
K.M.SAHAI, R.P.TEWARI

S. R. SINGH, J.

( 1 ) HEARD Shri R. P. Tiwari, learned Counsel for the petitioner and Shri K. M. Sahai, learned standing Counsel appearing for the respondents and perused the writ petition.

( 2 ) BY order dated 15. 9. 97 learned Standing Counsel was granted 8 weeks time to file counter affidavit but till date the respondents could not file counter affidavit in the case. I accordingly proceed to dispose of the writ petition on the basis of allegations made therein and the submissions made by the learned Counsel at the Bar.

( 3 ) THE petitioner was appointed vide order dated 16. 5. 96 on a class IV post at Government scheduled Caste Hostel, Bijnor. The appointment was adhoc/temporary in nature with stipulation that it could be terminated at any time without notice. By the order impugned herein dated 30th July, 1997 the appointment order dated 16. 5. 96 has been cancelled with immediate effect on the ground that the Joint Director (Samaj Kalyan), Moradabad Region, Moradabad who had issued appointment order in favour of the petitioner was not the appointing authority.

( 4 ) SHRI R. P. Tiwari, learned Counsel appearing for the petitioner raised two-fold submissions : first, that the app






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