ABDUL RAZAK Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) By medium of instant appeal, judgment dated 18.7.2008, passed by learned Writ Court, by virtue of which writ petition of the appellant has been dismissed, is assailed on various grounds.

(2.) According to the learned counsel for the appellant, learned Writ Court has skipped in addressing the grievance of the appellant as was projected against the alleged biased attitude of respondent No. 3 (Commandant). In this connection it is contended that the appellant all along has been fed up with the actions of the Commandant who by name has been arrayed as party/respondent in the writ petition as well as in this appeal. It is also contended that it is the hostile attitude of the Commandant (respondent No.3) which prompted the appellant to file the writ petition bearing SWP No.281/2001, pursuant to interim orders passed therein on 26.2.2001 and 23.7.2001 the respondents were to ensure personal safety and also to consider the posting of the appellant with some other Commandant.

(3.) Learned counsel for the respondents with all vehemence opposed the contention of the learned counsel for the appellant by stating that the order of dismissal passed by respondent No.3 has been passed strictly in consonance with law and it being so learned Writ Court has up-held the action of respondent No.3. In support of his contention learned counsel placed reliance on the judgment reported in : Union of India & others v. Ram Pal, 1996 AIR(SC) 1500