This special appeal challenges an order upholding a repatriation order against illegalities. The bench held that the Single Judge correctly limited review to violations of law or malafide, finding no ground for interference.
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Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 564 of 2009
Appellant :- Bhawani Prasad Mishra S/O Thakur Prasad Mishras/S 2992/2008 Respondent :- State Of U.P. Thru Secy. Vigilance And Others Counsel for Appellant :- O.P. Srivastava,Om Prakash Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
This special appeal filed under Chapter VIII Rule-5 of the High Court Rules, challenges an order dated 16-04-2009 passed by the learned Single Judge in Writ Petition No 2922(S/S) of 2008 filed by the appellant-petitioner against the order of repatriation. The appellant-petitioner was posted on deputation by his transfer and thereafter, he had been repatriated .
Learned Single Judge has recorded a finding that the order of repatriation can be tested only on the ground of violation of any law or malafide and has further recorded a finding that in absence of violation of any law or malafide, the order of repatriation could not be quashed.
In our considered opinion, the order passed by the learned Single Judge dated 16-04-2009, which is under challenge in this special appeal before us, does not warrant any interference by this court. The Special Appeal is accordingly, dismissed.
Order Date :- 12.10.2022 AKS
Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.10.12 18:34:10 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the High Court Single Judge's finding that repatriation orders are reviewable only for violation of law or malafide warrants interference in the interest of justice.
Whether the Special Appeal challenging the impugned order needs to be dismissed.
Bhawani Prasad Mishra
State Of U.P.
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
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