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1988 Supreme(All) 632

S.K.DHAON, B.L.YADAV
Rama Shanker Rai – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
R.G.Padia

JUDGMENT :

1. By the Court-BY a common order dated 30th June, 1988, no less than 276 Lekhpals have been transferred from one sub-division to another sub-division in the same district. The two petitioners before this Court are amongst the effected Lekhpals, Hence this petition.

2. In the purported exercise of power under Article 309 of the Constitution the Lekhpal Service Rules, 1958 (hereinafter referred to as Rules) have been made. Rule 21 alone deals with transfers of Lekhpals. Clause (a) of this Rule is material. It reads :-

"(a) The Collector may at his discretion transfer a Lekhpal from one Halqa to another within the district and the Assistant Collector may similarly transfer Lekhpal within the sub-division."

Rule 4 of the Rules provides, amongst others, that the cadre of Lekhpals shall be districtwise and the districtwise allocation of strength will be made by the State Government. Judicial notice can be taken of the fact that in a particular district there are number of halqas. Halqas in English language means "circle". Thus, in Rule 21 the Collector is empowered to transfer one Lekhpal from one halqa (circle) to another halqa (circle) within the district. This is precisely w









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