Abu Saad vs State of Uttar Pradesh - 1971 Supreme(All) 547

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1971 Supreme(All) 547

G. C. MATHUR
Abu Saad – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
M. A. Ansari and L. N. Pandey, Advocates, for the Appellant/Applicant; K. C. Agrawal, Chief Standing Counsel, For the Respondent

JUDGMENT

G.C. Mathur, J. - Both these writ petitions have been filed by Sri Abu Saad, who, on the dates when the impugned orders were passed, was officiating as District Judge, Ballia. In writ petition No. 1677 of 1910 the petitioner has challenged an order reverting him from his officiating post of District judge to that of Civil and Sessions Judge. In writ petition No. 4861 of 1970 the petitioner has challenged an order compulsorily retiring him from service under the first proviso to Fundamental Rule 56 (a) .

2. The petitioner was selected in the U.P. Judicial Service in the year 1942 on the basis of a competitive examination. He was posted as a Munsif in 1942 in which post he was confirmed in August, 1944. Thereafter the petitioner was promoted as Civil Judge in which post lie was confirmed with effect from April 1, 1955. Thereafter he was appointed as temporary Civil and Sessions Judge after being selected to the U.P. Higher Judicial Service. In 1962 the petitioner was posted as Additional District and Sessions Judge. He continued to hold this post at Bulandshar, Meerut, Jhansi and then at Varanasi. In 1967 he was posted as District Judge, Banda and in 1969 he was posted as Dis

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