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2004 Supreme(All) 2613

R.B.MISRA
RAM AWADH RAM – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
For the Appellant : H.R. Misra and K.M. Misra, Adv.
For the Respondent: H.L. Yadav and S.C.

JUDGMENT :

R.B. Misra, J.

Heard Sri H.R. Misra along with Sri K.M. Misra, learned Counsel for the petitioner, and learned Standing Counsel for the State respondents.

2. Counter and rejoinder affidavits have been exchanged, therefore, with the consent of learned Counsels for the parties this writ petition is decided finally at this stage in view of the Second Proviso to Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.

3. In this petition prayer has been made for issuance of writ of certiorari quashing the order dated 22/30.6.2004 (Annexure-4 to the writ petition) so far as it relates to the petitioner passed by the District Magistrate. Azamgarh transferring the petitioner from Azamgarh to Meh Nagar by a general transfer order. On the oral prayer of learned Counsel for the petitioner the subsequent transfer order dated 9.7.2004 was allowed to be challenged in the present petition.

4. The brief facts necessary for adjudication of the writ petition are that the petitioner was initially selected and appointed as a Clerk in the Collectorate, Azamgarh in February, 1982 and at the relevant time was posted as Reader in the Court of Additional Magistrate (Second), Azamgarh. The ser
















































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