V.P. SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the letter No. 8558/GM/E-1A-1 dated 2-5-1992 written by the Chief Engineer U. P. State Electricity Board, to the Superintending Engineer. O. E. MCC-II 'A' TPS. Obra, for relieving the petitioner.

(2.) Learned counsel for the petitioner submits that this order is arbitrary as the petitioner was transferred in the year 1990. This order was not given effect to not because of any manipulation on the part of the petitioner and as such the same became non est. It cannot be enforced after about two years. The impugned letter requiring the petitioner for relieving him from his post is illegal. We further submits, without accepting the legality of the impugned action, that it has not been disclosed where the petitioner should join.

(3.) The submissions as advanced by the learned counsel for petitioner have got substance. For the inaction on the part of the authority, the petitioner cannot be penalized and old order is not supposed to be given effect to. At present I am not issuing any direction.