SANJAY KUMAR SRIVASTAVA Vs. ACTING CHIEF JUSTICE

JUDGEMENT

(1.) THIS petition is directed against the order dated 1.5.1993 passed by Hon'ble the Acting Chief Justice (in short ACJ) by which Writ Petition No. 1619 (MB) of 1993 (Sanjay Kumar Srivastava v. State of U.P. and others) has been referred to the Full Bench for hearing and decision. THIS order of which a copy has been filed as Annexure-1 reads as under :

(2.) THE factual background leading to the present petition is that the petitioner had earlier filed Writ Petition No. 1619 (MB) of 1993 in this Court challenging the appointment of Sri R. Venkataraman l.A.S. who was arrayed as opposite party No. 3 in that petition as Chairman of the U. P. Public Service Tribunal which was constituted afresh through the Government notification dated 31st March. 1993 issued under the U. P. Public Services (Tribunal Amendment) Act. 1992. It may be stated that this Act was also altered with effect from 31st March, 1993 by a subsequent amendment, the petitioner also challenged the appointment of an other officers belonging to the Indian Administrative Service as members of the U. P. Public Services Tribunal. THEse five officers have since been as arrayed as opposite parties 4 to 8 in Writ Petition No. 1619 (MB) of 1993.

(3.) THE Advocate General appearing on behalf of one of the opposite parties has, on the other hand, contended that the order dated 1.5.1983 passed by Hon'ble the Acting Chief Justice constituting a Bench of three Judges for hearing and disposal of the Writ Petition No. 1619 (MB) ef 1993 was properly passed on the application of the State and, in the particular circumstances of the case, it could not be said that the opportunity of hearing to the petitioner was denied. It is contended that the impugned order is neither mala fide nor arbitrary and is well within the scope and jurisdiction of the powers of Hon'ble the Acting Chief Justice as defined under law.