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2001 Supreme(All) 540

O.P.GARG, ONKARESHWAR BHATT
Dr. Dalbir Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
A.P.N.Giri, Bharat Bhushan Paul, M.C.AGRAWAL,

O. P. GARG, ONKARESHWAR BHATT, JJ.

( 1 ) HEARD Dr. Balbir Singh-petitioner who appeared, in person.

( 2 ) IT is sad and bad that despite sufficient opportunities, no counter-affidavit has been filed in this case. The petitioner has filed a supplementary affidavit. which remains uncontroverted as no supplementary counter-affidavit has been filed. Even no one is present to oppose this petition on behalf of the respondents, including. State of U. P.

( 3 ) THE petitioner, a doctor belonging to Provincial Health Service of the State, was posted at agra in 1985. According to the petitioner, Dr. M. K. Ansari, who was the then Chief Medical officer. Agra wanted to post his own man in place of the petitioner and therefore, at his behest, the petitioner was transferred from Agra to Mainpuri. On the representation of the petitioner, his transfer order from Agra to Mainpuri was cancelled. However, Dr. M. K. Ansari. Chief Medical officer relieved the petitioner from Pinahat. Agra and also withdrew the financial powers of the petitioner. The petitioner, on account of order of cancellation of his transfer order, passed by higher authority, did not hand over the charge and continued to function as































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