STATE OF U P Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) RESPONDENT here filed a writ petition before this Court at Allahabad for quashing the order dated 25.11.1991, terminating his services, passed by the Divisional Forest Officer, Pratapgarh. Further prayers for regularisation of his services and for payment of salary to him. have also been made. in the writ petition, State of Uttar Pradesh through the Chief Conservator of Forest, Lucknow, the Commissioner of Forest, South Circle, Allahabad and Divisional Forest Officer, Pratapgarh, were impleaded as Respondent Nos. 1 to 3, respectively. Grievance of the Respondent in his writ petition was against the Divisional Forest Officer, Pratapgarh, who has passed the impugned order dated 25.11.1991. This writ petition was disposed of by learned Single Judge with a direction to Respondent No. 2, viz. Commissioner of Forest, Allahabad, to decide the representation of the Petitioner -Respondent. Against this order of learned Single Judge, an appeal has been filed by the State of U.P.

(2.) THE Respondent herein was appointed by the Divisional Forest Officer, Pratapgarh, who, according to the Respondent himself, is his appointing authority and it is Divisional Forest Officer, Pratapgarh who has passed the impugned order. Writ petition cannot be filed before this Court at Allahabad against an order passed by an officer at Pratapgarh in view of proviso to paragraph 14 of U.P. High Court (Amalgamation) Order, 1948 (hereinafter referred to as the Order), according to which cases arising in Avadh areas can be filed before Lucknow Bench of this Court only.

(3.) FOR the reasons given above, this writ petition is not maintainable before this Court at Allahabad. Learned Single Judge, as such, was not Justified in deciding the writ petition.