CHANDER SINGH MANDYAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The main prayer of the two petitioners, who are the secretary and member respectively of the Joint Action Committee of the non gazetted officers of Himachal Pradesh is for quashing annexure P-1, which is an order dated 19/06/1992 passed under Section 144 of the Code of Criminal Procedure, 1973 by respondent No. 2, the District Magistrate, Shimla.

(2.) An averment has been made in paragraph 10 of this petition regarding the mala fides of "the Hon'ble Chief Minister of Himachal Pradesh". However, the Chief Minister has not been made a party and Mr. M. S. Chandel, learned counsel for the petitioners, has clearly stated at the Bar that the petitioners are not pressing paragraph 10 of the petition and the allegation of mala fides.

(3.) Learned counsel for the petitioners submits that the impugned order is arbitrary and void and must be quashed since "the material facts" have not been set out in the said order dated 19/06/1992. He further submits that the fundamental rights of the petitioners under article 19(1) of the Constitution have been infringed and they are prejudiced as they are not aware as to why the order has been passed. He also contends that there was no material justifying the passing of the order, as such, there has been total non application of mind by respondent No. 2, the District Magistrate, Shimla.