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2004 Supreme(All) 1634

JAGDISH BHALLA, P.K.CHATTERJI
Arvind Nath – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: U. N. Misra, S. K. Kalia, P. K. Khare, Prashant Chandra and Shreesh Kumar.
Counsel for the Respondents: C.S.C., Kapil Dev and I. P. Singh.

JUDGMENT

Jagdish Bhalla, J.—By the impugned order dated 26th September, 2003 (Annexure-1) the State Government in exercise of powers conferred under Section 6 (3) of the U. P. Water Supply and Sewerage Act, 1975, cancelled the order dated 26.7.2002, by means of which the State Government took a policy decision of fixing three years tenure for the post of Managing Director of U. P. Jal Nigam with effect from the date of its publication in the Official Gazette. On the same day, i.e., 26.9.2003 the Secretary to the Government in Urban Development issued an order (Annexure-2) communicating the Chairman of the U. P. Jal Nigam and other authorities that period of three years fixed for the post of Managing Director has been cancelled and in the process the petitioner is relieved from the post of Managing Director of U. P. Jal Nigam with immediate effect. On the very same day i.e., 26.9.2003, the Chairman of the U. P. Jal Nigam issued on office memorandum (Annexure-3) mentioning therein that the petitioner has been relieved from the post of Managing Director in pursuance of the order No. 4092/9-3-2003-18C/91 and the Chairman himself took the charge of the post of Managing Director till furt



















































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