RAJA RAM Vs. STATE OF UP

JUDGEMENT

(1.) We have heard learned Counsel for the parties.

(2.) This appeal questions the legality of the judgment of the learned single Judge on the ground that the Appellant, who is a Lekhpal governed by the provisions of Lekhpals Service Rules, 1958, could not have been transferred by the Additional District Magistrate/ Additional Collector from one tehsil to another.

(3.) On behalf of the Appellant, learned Counsel submits that Rule 21 framed under Article 309 of the Constitution confers power only on the Collector to effect transfer of a Lekhpal. It is submitted that in these circumstances, it will not be open to the Addl. Collector to effect any transfer, who may have been conferred powers under the provisions of the U.P. Land Revenue Act, 1901 (hereinafter referred to as "the Act") to exercise the powers of the Collector, as the rules made under Article 309 have not conferred any power on the Collector to delegate powers to the Addl. Collector.