SADANAND TRIPATHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, Sadanand Tripathi alias Sant Gyaneshwar Sri Sadanand Param Hans, challenges the validity of his detention under the provisions of Section 3, National Security Act, authorised by Sri K. K. Prasad, designating himself as the District Magistrate, Deoria, vide his order dated 23rd June. 1981.

(2.) Amongst other grounds the petitioner questioned the validity of the order dated 23rd June, 1981 on the ground that Sri K. K. Prasad was not competent to pass that order, as on that day he was not a District Magistrate, envisaged by Section 3, National Security Act

(3.) Facts relevant for purposes of the aforesaid submission, briefly stated are that, one Sri S. N. Jha was the regular District Magistrate, Deoria, He took earned leave for the period 3rd June, 1981 to 30th June, 1981. The Commissioner, Gorakhpur Division, while sanctioning leave to Sri Jha passed an order dated 29th May, 1981' providing that during th9 said period the Additional District Magistrate was to look after the work of the district (Annexure 1 to the counter-affidavit of Sri K. K. Prasad). It was in pursuance of aforementioned order that Srj K. K. Prasad took over the charge from Sri Jha on 3rd June, 1981. The order for petitioner's detention was passed by Sri K. K. Prasad on 23rd June, 1981 while he was performing the duties of District Magistrate, Deoria, in pursuance of the Commissioner's order dated 29th May, 1981.