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1990 Supreme(All) 1267

B. L. LOOMBA, D. K. TRIVEDI, U. C. SRIVASTAVA
Tara Prasad Misra – Appellant
Versus
State of U. P – Respondent


Advocates appeared:
S.S.L. Srivastava, Advocate, for the Petitioner; C.S.C, for the Respondents

JUDGMENT

U.C. Srivastava, J. - In view of the conflicting decisions of this Court a Division Bench of this Court formulated one question of law and the papers were placed before the Hon'ble Chief Justice and the said question has been referred to this Full Bench. The question was :-

"Whether a writ of mandamus or any other writ, direction or order can be issued by the High Court for enforcement of a request addressed by a superior officer to a subordinate officer."

The facts leading to this reference are that the petitioner to the writ petition who was posted at Government Hospital, Shohratgarh, Basti under the Administrative Control of Chief Medical Officer, Basti was transferred under his order to Primary Health Centre, Mohan Kala, Basti which was a local transfer. On the representation of the wife of the petitioner to the Health Minister through the Chairman, U. P. Export Corporation Ltd. who forwarded the same to the Minister with his recommendatory letter, the Minister gave certain directions to the Additional Director, Gorakhpur to take steps for cancellation of transfer order. The Additional Director, Gorakhpur vide letter dated 27-5-1989 asked the Chief Medical Officer (herei

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