ASHA RAM YADAV Vs. DT MAGISTRATE

JUDGEMENT

(1.) The petitioner Asha Ram Yadav was appointed as Entertainment Tax Inspector, in the year 1983 by the Entertainment Tax Commissioner, U.P. Lucknow. Subsequently, he was duly selected by the U.P. Public Service Commission in a competitive examination against permanent and substantive vacancy of Entertainment Tax Inspector. Thereafter, he was on probation for a period of two years. On completion of the aforesaid probation period he was confirmed on the post of Entertainment Tax Inspector in the year 1985. He was last posted as Senior Entertainment Tax Inspector in District Fatehpur. By the impugned order dated November 5, 1990 passed by the District Magistrate, Fatehpur, he, while working as Senior Entertainment Tax Inspector, was attached to the office and was directed not to check or inspect cinemas. According to the petitioner the impugned order is arbitrary and has put the petitioner in an embarrassing position as he is not being allowed to discharge the duties assigned to him as Senior Entertainment Tax Inspector. According to him, the action of the District Magistrate is mala fide,

(2.) The learned Standing Counsel was granted three weeks time to file counter- affidavit on November 20, 1990. No counter-affidavit has, however, been filed on behalf of the respondents so far despite several opportunities have been given to the respondents and last 'stop order' having been passed on January 3, 1991.

(3.) I heard Sri A.K. Yadav, learned counsel for the petitioner and also the learned Standing Counsel.