STATE OF U P Vs. SHESHMANI TRIPATHI

JUDGEMENT

(1.) THIS is a special appeal filed by the State of U. P. against the order dated 22nd of October, 1991 passed by Honourable B. M. Lai, J. in writ petition No. 28431 of 1991.

(2.) THE petitioner Sheshmani Tripathi was holding the po>t of Superintendent Central Jail, Naini. He was transferred from Ghurma Jail to Central Jail, Naini on the post in question by an order dated 30th of July 1991. THE petitioner joined the past in question on 1st of August, 1991 THE petitioner had functioned on the post in question for less than two months and on 24th of September, 1991 he was again transferred from Naini Central Jail to Moradabad. It is this order which was the subject matter of challenge by the petitioner in the writ petition. THE petitioner had challenged the order on the ground that the order was purely arbitrary and was against the policy contained in the Government order dated 9th of July 1991. No stay order was passed by this court in the petition filed in this court. On 1st of October, 1991 it was ordered that if any person joins in place of the petitioner, his joining will be subject to the result of the writ petition.

(3.) WE have heard Sri D. S. Misra and Shri Ajit Kumar, learned counsel appearing for the respondent-petitioner. Learned Chief Standing Counsel in support of his argument has relied upon a decision of the Supreme Court in Smt. Shilpi Bose v. State of Bihar, AIR 1991 SC 532. In this case it has been held as follows :