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2005 Supreme(UK) 276

CYRIAC JOSEPH, RAJESH TANDON
Vijay Kumar Srivastava – Appellant
Versus
State of Uttaranchal – Respondent


Advocates appeared:
Dr. Sumant Bhardwaj and Mr. T.A. Khan, Advocates for the petitioner.
Sri K.P. Upadhyaya, leanred Standing Counsel for the State of Uttaranchal.

JUDGEMENT :

Per Hon'ble the Chief Justice

1. The petitioner has filed this writ petition praying for "a writ of quo warranto In relation to public office of Head of the Department I Chief General Manager of Uttaranchal Jal Sansthan, Dehradun". The petitioner is presently the Superintending Engineer, Uttaranchal Jal Sansthan, Almora. The second respondent Mr. H.P. Uniyal is the Chief General Manager, Uttaranchal Jal Sansthan, Dehradun. The contention of the petitioner is that the appointment of the second respondent as the Head of the Department chief General Manager of Uttaranchal Jal Sansthan is Illegal and therefore, a writ of quo warranto should be issued calling upon him to explain under what authority he is holding the said office.

2. The petitioner and the second respondent were appointed as Assistant

Engineers in Garhwal Water Works, Dehradun on 24-11-1976. As evidenced by Annexure P/1 order the name of the petitioner was given above the name of the second respondent In the appointment order dated 24-11-1976. Later, by Annexure P/2 order dated 17-11-1979 of the General Manager, Garhwal Water Works, the petitioner and the second respondent were confirmed on the post of Assi






















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