LAWS(RAJ)-1991-11-44

SHYAMLAL BHARGAVA Vs. THE DEPUTY COMMANDANT

Decided On November 28, 1991
Shyamlal Bhargava Appellant
V/S
The Deputy Commandant Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order of learned Additional District Judge, Jodhpur dated 10 -5 -1989 whereby he upheld the order of Additional Munsiff and Judicial Magistrate No. 1, Jodhpur dated 4 -7 -1987 dismissing the application under order 39 Rules 1 and 2 read with Section -151 C.P.C.

(2.) THE only grievance of Mr. M. Mridul, learned Counsel for the petitioner is that during the suspension, his headquarter was changed from Jodhpur to Jaisalmer vide order dated 4 -3 -1987. Thus, the order was made illegally and with malafides. He has also submitted that the orders of the courts below are without jurisdiction and are liable to be set -aside. He has placed reliance on Chittranjan Ghose v. I.G. of Police W.B. and Ors., 1979 (2) S.L.R. 198 W.B. Khadi etc. Board v. D.P. Bhattacharya, 1980 (3) S.L.R. 136, V.C. Jammu University v. Durhiani Kumar Rampal, 1977 (1) S.L.R. 591, State Farm Corp. of India v. Tarsenlal Singh and I.G.I. Punjab v. Balbir Singh, 1973 (2) S.L.R. 271.

(3.) I have heard learned Counsel for the parties and perused the case law cited and have also gone through the impugned orders.