In this special appeal, the two-judge bench of High Court dismissed the challenge to the Writ Single Bench order upholding an administrative order attaching the appellant with a school due to administrative exigencies. Held: The appointing authority was competent and no interference warranted. Appeal dismissed. [Order Date: 27.9.2018]
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Court No. - 21
Case :- SPECIAL APPEAL No. - 934 of 2018
Appellant :- Manju Chaudhari Respondent :- State Of U.P. And 5 Ors Counsel for Appellant :- Vijay Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is before us to examine correctness of the order dated 05.09.2018 passed by learned Single Bench in Writ-A no.18796 of 2018. In the petition for writ aforesaid challenge was given to the office order dated 08.08.2018 passed by District Inspector of Schools, Mirzapur attaching the appellant-petitioner in Rajkiya Uchchatar Madhyamik Vidhyalay Bhuilikhas Mirzapur till further orders.
It is submitted by learned counsel appearing on behalf of the appellant that learned Single Bench failed to appreciate that order has been passed by the authority not competent to do so and further that there was no justifiable reason to attach the appellant-petitioner with the school at the distance of 40 kms. from the place of posting of the appellant-petitioner.
We do not find any merit in the argument advanced.
A perusal of the order dated 08.08.2018 makes it crystal clear that order aforesaid has been passed to meet certain administrative exigency i.e. for a specific purpose to pass such order in administrative exigency. District Inspector of Schools, Mirzapur is quite competent. Order also does not appear outcome of extraneous consideration.
In view of it, no interference with the order passed by learned Single Bench is warranted. Hence, the present appeal is dismissed.
Order Date :- 27.9.2018
Asha
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
Manju Chaudhari
State Of U.P. And 5 Ors
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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