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1955 Supreme(All) 214

MULLA, KIDWAI
SHANKAR LAL SHARMA – Appellant
Versus
M. S. BISHT – Respondent


Advocates Appeared:
B.N.ROY, N.Banerjee

SRI SHANKAR LAL SHARMA, J.

( 1 ) AN employee in the Public Works Department of the Uttar Pradesh, moved in this Court an application for the grant of a writ against Sri M. S. Bisht, Chief Engineer, p. W. D. , U. P, Lucknow, praying for a direction to the opposite party to forward to the Public service Commission, U. P. his application for employment in some higher post, which he had sent to the said Commission through the opposite party. While the writ petition was pending in this Court Sri M, S. Bisht purporting to act in accordance with certain directions contained in Government Order No. Q-3237/ii-B-32-52, dated 24-12-1952, asked for an explanation from Sri Shankar Lal as to why he had submitted a writ application in the High Court of Judicature at Allahabad (Lucknow Bench) Lucknow. It was clearly an atempt to hold out a threat of departmental action against an employee of the government, who had approached the High Court for what he considered to be the protection of his rights under the Constitution. This matter was brought to the notice of the Court by a petition filed by Sri Shankar Lal and thereupon a notice was issued to Sri M. S. Bisht to show cause why action should not b





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